---
kind: "section"
citation: "16 U.S.C. § 1375"
title: "16"
title_heading: "Conservation"
number: "1375"
heading: "Penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1375"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1375. Penalties

- (a)
  - (1) Any [person](/usc/16/1362.md?p=10) who violates any provision of this subchapter or of any permit or regulation issued thereunder, except as provided in [section 1387 of this title](/usc/16/1387.md), may be assessed a civil penalty by the [Secretary](/usc/16/1362.md?p=12-A) of not more than $10,000 for each such [violation](/usc/16/620e.md?p=11). No penalty shall be assessed unless such [person](/usc/16/1362.md?p=10) is given notice and opportunity for a hearing with respect to such [violation](/usc/16/620e.md?p=11). Each unlawful [taking](/usc/16/3102.md?p=18) or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the [Secretary](/usc/16/1362.md?p=12-A) for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the [Secretary](/usc/16/1362.md?p=12-A) may request the Attorney General to institute a civil action in a [district court of the United States](/usc/16/1362.md?p=3) for any district in which such [person](/usc/16/1362.md?p=10) 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](/usc/16/1362.md?p=6) or [marine mammal product](/usc/16/1362.md?p=7), 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](/usc/16/1362.md?p=12-A) may, in lieu of instituting a proceeding under [paragraph (1)](#a-1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the [Secretary](/usc/16/1362.md?p=12-A), to the enforcement officer at the port of entry.
- (b) Any [person](/usc/16/1362.md?p=10) 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](/usc/16/1387.md)) shall, upon conviction, be fined not more than $20,000 for each such [violation](/usc/16/620e.md?p=11), or imprisoned for not more than one year, or both.

## Source credit

(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.)

## Notes

### Editorial Notes

### 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).

### Statutory Notes and Related Subsidiaries

### 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.