U.S. Code » Title 16 » Chapter CHAPTER 31— MARINE MAMMAL PROTECTION › Subchapter SUBCHAPTER II— CONSERVATION AND PROTECTION OF MARINE MAMMALS

16 U.S.C. § 1375

Penalties

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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, 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.(Pub. L. 92–522, title I, § 105, Oct. 21, 1972, 86 Stat. 1036; Pub. L. 97–58, § 3(b), Oct. 9, 1981, 95 Stat. 982; Pub. L. 103–238, § 13(a), (b), Apr. 30, 1994, 108 Stat. 558.)Editorial NotesAmendments

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).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1974–2024 · leading case: Pac. Ranger, LLC v. Pritzker, 211 F. Supp. 3d 196 (D.D.C. 2016).
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Pac. Ranger, LLC v. Pritzker, 211 F. Supp. 3d 196 (D.D.C. 2016). · cites it 2× “See 16 U.S.C. § 1375 (a)(1) (setting civil penalty cap and hearing requirement); see also 15 C.”
United States v. David Hayashi, 5 F.3d 1278 (9th Cir. 1993). · cites it 2× “See 16 U.S.C. § 1375 (b). The government agrees that the only definition of “take” with possible application to.”
United States v. David Hayashi, 22 F.3d 859 (9th Cir. 1994). · cites it 2× “See 16 U.S.C. § 1375 (b). The government agrees that the only definition of “take” with possible application to Hayashi is “to harass” or “attempt to harass.”
United States v. Jerry D. Mitchell, 553 F.2d 996 (5th Cir. 1977). “The violation of this regulation becomes a crime pursuant to 16 U.S.C. § 1375 , which states in part: (b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,-000…”
People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 189 F. Supp. 3d 1327 (S.D. Fla. 2016). “Like the ESA, the MMPA prescribes both civil and criminal penalties, see 16 U.S.C. § 1375 (b), is also administered by the NMFS, and advances a similar purpose: the prevention of the extinction or depletion of marine mammals.”
United States v. The J. B. Williams Co., Inc., & Parkson Advert. Agency, Inc., 498 F.2d 414 (2d Cir. 1974). “See also Marine Mammal Protection Act, 16 U.S.C. § 1375 (a) ; Occupational Safety and Health Act, 29 U.”
Atlas Roofing Co., Inc. v. Occupational Saf. & Health Review Comm'n, United States Dep't Oflabor, 518 F.2d 990 (5th Cir. 1975). “Marine Mammal Protection Act of 1972, 16 U.S.C. § 1375 (1972 supp.). 7. Marine Protection, Research, and Sanctuaries Act of 1972, 33 U.”
Mohawk Excavating, Inc. v. Occupational Saf. & Health Review Comm'n & W. J. Usery, Jr., Sec'y of Labor, 549 F.2d 859 (2d Cir. 1977). “§ 1321 ,18 predecessors 18 See also Marine Mammal Protection Act, 16 U.S.C. § 1375 (a); Occupational Safety and Health Act, 29 U.”
United States v. F/v Repulse, in Rem, & Arnie Kjarstad, Claimant-Appellant, 688 F.2d 1283 (9th Cir. 1982). “” Moreover, in the preceding section, 16 U.S.C. § 1375 (b), Congress provided for criminal penalties.”
Nat. Res. Def. Council, Inc. v. United States, 331 F. Supp. 3d 1381 (Ct. Intl. Trade 2018). “§ 1858 (a) (providing for civil penalties of up to $100,000 for each violation) with 16 U.S.C. § 1375 (providing up to $20,000 in civil penalties for each knowing violation of the MMPA).”
Katelnikoff v. United States Dep't of the Interior, 657 F. Supp. 659 (D. Alaska 1986). “Although the Act does provide for criminal proceedings or the assessment of civil penalties, 16 U.S.C. § 1375 , neither have been initiated; however, the seized items remain in the custody of the Fish & Wildlife service.”
Fouke Co. v. Mandel, 386 F. Supp. 1341 (D. Md. 1974). “16 U.S.C. § 1375 . While this Court also does not reach that issue herein, it is apparent that if that penalty is a “penalty” within the meaning of 28 U.”
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