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U.S. Code as of:
01/19/04
Section 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 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.
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