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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 1174 Penalties us united_states_code code_section 16 CONSERVATION 24 CONSERVATION AND PROTECTION OF NORTH PACIFIC FUR SEALS 1174 16 U.S.C. § 1174 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s1174 data/legal/raw/us/code/title-16/usc16.xml f916aecf3b8f011c90bbe545ca37af5949400bf2c7cb626fabc47fc9cf9c49d4 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 1b705406b3425ea8ac304046a181ce649d9e3ed06ec9ef600b5b00fe47b8ae24 2026-07-04 official
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16 U.S.C. § 1174 - Penalties

Text

(a) Any person who knowingly violates any provision of this chapter or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for such violation, or imprisoned for not more than one year, or both.

(b) Any person who violates any provision of this chapter or any regulation or permit issued hereunder 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. Hearings held during proceedings for the assessment of civil penalties authorized by this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any civil penalty assessed 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 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.

(Pub. L. 89702, title III, § 304, as added Pub. L. 98129, § 2, Oct. 14, 1983, 97 Stat. 845.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to this section were contained in section 1184 of this title, prior to the complete revision of this chapter by Pub. L. 98129.