16 U.S.C. § 1375
Section 1375 · Penalties
This is § 105 of the Marine Mammal Protection Act of 1972
Amended 3 times on record
Applied in 17 court decisions — leading case 57 Ill. 2d 170 - City of Waukegan v. Pollution Control Board (1974)
Most recently applied in Natural Res. Def. Council, Inc. v. United States (August 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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).