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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:10.0.1.3.2.1.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.1 Purpose of regulations. | NOAA | The regulations in this part implement the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407, Pub. L. 92-522, which, among other things, restricts the taking, possession, transportation, selling, offering for sale, and importing of marine mammals. | ||||
| 50:50:10.0.1.3.2.1.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.2 Scope of regulations. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994] | This part 216 applies solely to marine mammals and marine mammal products as defined in § 216.3. For regulations under the MMPA, with respect to other marine mammals and marine mammal products, see 50 CFR part 18. | |||
| 50:50:10.0.1.3.2.1.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.3 Definitions. | NOAA | [39 FR 1852, Jan. 15, 1974] | In addition to definitions contained in the MMPA, and unless the context otherwise requires, in this part 216: Acts means, collectively, the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1361 et seq., the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq., and the Fur Seal Act of 1966, as amended, 16 U.S.C. 1151 et seq. Active sportfishing means paying passengers have their terminal fishing gear (lures, hooks, etc.) in the water in an attempt to catch fish or, in the case of fishing involving chumming, fishing is considered to be in progress from the instant fish have been sighted taking bait (boiling) during that chumming process. Administrator, Southwest Region means the Regional Administrator, Southwest Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, or his or her designee. Agreement on the International Dolphin Conservation Program (Agreement on the IDCP) means the Agreement establishing the formal binding IDCP that was signed in Washington, DC on May 21, 1998. Alaskan Native means a person defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimishian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut blood or combination thereof. The term includes any Native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or group, of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native group. Any such citizen enrolled by the Secretary of the Interior pursuant to section 5 of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for purposes of this part. Albac… | |||
| 50:50:10.0.1.3.2.1.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.4 Other laws and regulations. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 41 FR 36662, Aug. 31, 1976; 58 FR 65134, Dec. 13, 1993] | (a) Federal. Nothing in this part, nor any permit issued under authority of this part, shall be construed to relieve a person from any other requirements imposed by a statute or regulation of the United States, including any applicable statutes or regulations relating to wildlife and fisheries, health, quarantine, agriculture, or customs. (b) State laws or regulations. See part 403 of this chapter. | |||
| 50:50:10.0.1.3.2.1.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.5 Payment of penalty. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981] | The respondent shall have 30 days from receipt of the final assessment decision within which to pay the penalty assessed. Upon a failure to pay the penalty, the Secretary may request the Attorney General to institute a civil action in the appropriate United States District Court to collect the penalty. | |||
| 50:50:10.0.1.3.2.1.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.6 Forfeiture and return of seized property. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | (a) Whenever any cargo or marine mammal or marine mammal product has been seized pursuant to section 107 of the MMPA, the Secretary shall expedite any proceedings commenced under these regulations. (b) Whenever a civil penalty has been assessed by the Secretary under these regulations, any cargo, marine mammal, or marine mammal product seized pursuant to section 107 of the MMPA shall be subject to forfeiture. If respondent voluntarily forfeits any such seized property or the monetary value thereof without court proceedings, the Secretary may apply the value thereof, if any, as determined by the Secretary, toward payment of the civil penalty. (c) Whenever a civil penalty has been assessed under these regulations, and whether or not such penalty has been paid, the Secretary may request the Attorney General to institute a civil action in an appropriate United States District Court to compel forfeiture of such seized property or the monetary value thereof to the Secretary for disposition by him in such manner as he deems appropriate. If no judicial action to compel forfeiture is commenced within 30 days after final decision-making assessment of a civil penalty, pursuant to § 216.60, such seized property shall immediately be returned to the respondent. (d) If the final decision of the Secretary under these regulations is that respondent has committed no violation of the MMPA or of any permit or regulations issued thereunder, any marine mammal, marine mammal product, or other cargo seized from respondent in connection with the proceedings under these regulations, or the bond or other monetary value substituted therefor, shall immediately be returned to the respondent. (e) If the Attorney General commences criminal proceedings pursuant to section 105(b) of the MMPA, and such proceedings result in a finding that the person accused is not guilty of a criminal violation of the MMPA, the Secretary may institute proceedings for the assessment of a civil penalty under this part: Provided, That if no such civil penalty p… | |||
| 50:50:10.0.1.3.2.1.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.7 Holding and bonding. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 50 FR 12785, Apr. 1, 1985; 59 FR 50375, Oct. 3, 1994] | (a) Any marine mammal, marine mammal product, or other cargo seized pursuant to section 107 of the MMPA shall be delivered to the appropriate Regional Director of the National Marine Fisheries Service (see § 201.2 of this title) or his designee, who shall either hold such seized property or arrange for the proper handling and care of such seized property. (b) Any arrangement for the handling and care of seized property shall be in writing and shall state the compensation to be paid. Subpart F of 15 CFR part 904 contains additional procedures that govern seized property that is subject to forfeiture or has been forfeited under the MMPA. | |||
| 50:50:10.0.1.3.2.1.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | A | Subpart A—Introduction | § 216.8 Enforcement officers. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, and amended at 59 FR 50375, Oct. 3, 1994] | Enforcement Agents of the National Marine Fisheries Service shall enforce the provisions of the MMPA and may take any actions authorized by the MMPA with respect to enforcement. In addition, the Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal Agency for the purposes of enforcing this MMPA. Pursuant to the terms of section 107(b) of the MMPA, the Secretary may also designate officers and employees of any State or of any possession of the United States to enforce the provisions of this MMPA. | |||
| 50:50:10.0.1.3.2.10.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.110 Purpose. | NOAA | The purpose of this subpart is to establish regulations governing the take of whales from the Eastern North Pacific (ENP) gray whale ( Eschrichtius robustus ) stock by the Makah Indian Tribe and its enrolled members in accordance with the Secretary's determination to issue a waiver of the Marine Mammal Protection Act (MMPA) take moratorium pursuant to 16 U.S.C. 1371(a)(3). | ||||
| 50:50:10.0.1.3.2.10.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.119 Expiration and amendment. | NOAA | (a) The 10-year waiver period begins the first day of the first season after issuance of the initial hunt permit. The waiver and this subpart will expire 10 years after the effective date of the initial hunt permit specified under § 216.113(b), unless extended. (b) If the initial permit begins during a hunt season, resulting in only a partial season being authorized, the Regional Administrator may authorize a partial season that is equivalent in duration to the difference between the partial season in the first hunt year and the full season. This second partial season can only be authorized in the final calendar year during the waiver period. (c) This subpart may be periodically reviewed and modified as provided in 16 U.S.C. 1373(e). | ||||
| 50:50:10.0.1.3.2.10.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.111 Scope. | NOAA | This subpart authorizes the taking of ENP gray whales only by enrolled members of the Makah Indian Tribe only. | ||||
| 50:50:10.0.1.3.2.10.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.112 Definitions. | NOAA | In addition to the definitions provided in the MMPA, for purposes of this subpart, the following definitions apply: Barter means the exchange of parts from gray whales taken under this subpart for other wildlife or fish or their parts or for other food or for nonedible items other than money if the exchange is of a noncommercial nature. Bonilla-Tatoosh Line means the line running from the western end of Cape Flattery (48°22′53″ N lat., 124°43′54″ W long.) to Tatoosh Island Lighthouse (48°23′30″ N lat., 124°44′12″ W long.) to the buoy adjacent to Duntze Rock (48°28′00″ N lat., 124°45′00″ W long.), then in a straight line to Bonilla Point (48°35′30″ N lat., 124°43′00″ W long.) on Vancouver Island, British Columbia. Calf means any gray whale less than 1 year old. Enrolled member or member of the Makah Indian Tribe means a person whose name appears on the membership roll maintained by the Makah Tribal Council. ENP gray whale means a member of the Eastern North Pacific stock of gray whales ( Eschrichtius robustus ). Export means the act of sending goods from one country to another. Gray whale means a member of the species Eschrichtius robustus. Harpooner means a member of the Makah Indian Tribe who has been certified by the Tribe as having demonstrated the qualifications commensurate with the duties and responsibilities of harpooning a gray whale. Hunt and hunting mean to pursue, strike, harpoon, shoot, or land a gray whale under a hunt permit issued under § 216.113(b) or to attempt any such act, but does not include hunting approaches, training approaches, or training harpoon throws. As a noun, hunt also means any act of hunting. Hunt permit means a permit issued by NMFS in accordance with 16 U.S.C. 1374 and this subpart. Hunting approach means to cause, in any manner, a vessel to be within 100 yards (91.5 m) of a gray whale during a hunt. Land and landing mean bringing a gray whale or any products thereof onto the land in the course of hunting. Makah Indian handicrafts means articl… | ||||
| 50:50:10.0.1.3.2.10.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.113 Issuance and duration of permits. | NOAA | (a) Application. (1) To obtain an initial hunt permit, the Makah Indian Tribe must submit an application to the Regional Administrator signed by an official of the Makah Tribal Council that contains the following information and statements: (i) The proposed duration of the permit; (ii) The maximum number of gray whales to be subjected to hunting or training approaches, struck, landed, and subjected to unsuccessful strike attempts; (iii) A demonstration that the proposed method of taking is humane; (iv) A demonstration that the proposed taking is consistent with this subpart; (v) A copy of the currently enacted Makah Indian Tribal ordinance governing whaling by Makah Indian Tribal members; (vi) A description of the certification process for whaling captains, riflemen, harpooners, Tribal hunt observers, and safety officers, including any guidelines or manuals used by the Tribe to certify such persons; (vii) Any additional hunt permit conditions proposed by the Tribe and a justification for the proposed conditions; and (viii) Any modification to this subpart sought by the Tribe and a justification for the proposed modification. (2) To obtain subsequent hunt permits, the Makah Indian Tribe must submit an application to the Regional Administrator, signed by an official of the Makah Tribal Council, that contains the information required in paragraph (a)(1) of this section and the following information and statements: (i) A description of how the Makah Indian Tribe has complied with the requirements of this subpart and previously issued hunt permits; (ii) A description of circumstances associated with gray whale(s) struck and lost under the most recently issued hunt permit, a description of the measures taken to retrieve such whale(s), and a description of measures taken by the Makah Indian Tribe to minimize future incidents of struck and lost gray whales; and (iii) A description of products obtained from gray whales landed under the most recently issued hunt permit, including a description of the disposit… | ||||
| 50:50:10.0.1.3.2.10.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.114 Hunt management requirements and restrictions. | NOAA | (a) Hunting seasons. Summer/fall hunts and hunting approaches will only be authorized from July 1 through October 31, and winter/spring hunts and hunting approaches will only be authorized from December 1 through May 31 of the following calendar year, provided that: (1) Throughout the duration of the waiver, the authorized hunting dates will alternate between winter/spring hunts and summer/fall hunts, with winter/spring hunts starting in December of the same calendar year as a summer/fall hunt and summer/fall hunts starting in the calendar year following the year in which a winter/spring hunt has ended; (2) If the start date in the initial hunt permit falls within a winter/spring hunt period, the subsequent summer/fall hunt will commence in the calendar year following the ending date of said winter/spring hunt; and (3) If the start date in the initial hunt permit of the initial hunt season falls within a summer/fall hunt period, the subsequent winter/spring hunt will commence in December of the same calendar year as said summer/fall hunt. (b) Training period. Hunt permits may authorize training approaches in any month and training harpoon throws in any month, except as provided in paragraph (c)(2) of this section and provided all necessary authorizations have been obtained. The authorized training period shall be specified in the permit, as provided in § 216.113(b)(5)(iv). (c) Hunting and training limits. The following limits on the number of ENP gray whales approached, subjected to unsuccessful strike attempts, struck, struck and lost, and landed apply. (1) A hunt permit may authorize no more than 353 approaches, including both hunting and training approaches, each calendar year of which no more than 142 of such approaches may be on PCFG whales. Any hunting approach on a gray whale that has already been struck will not count against these limits. (2) A hunt permit may authorize no more than 18 unsuccessful strike attempts during winter/spring hunts and no more than 12 unsuccessful strike attempts du… | ||||
| 50:50:10.0.1.3.2.10.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.115 Accounting and identification of gray whales. | NOAA | (a) Images and samples. NMFS hunt observers, Tribal hunt observers, and members of the Makah Indian Tribe may collect still or motion pictures as needed to document hunting and training approaches, strikes (successful and unsuccessful attempts), and landings. Persons designated by NMFS and by the Makah Indian Tribe may also collect, store, transfer, and analyze specimen samples from struck gray whales. Such designated personnel should make every reasonable attempt to collect genetic samples from struck whales without compromising the safety of the hunt. (b) Identification and accounting of gray whales —(1) Winter/spring hunts. Based on the best available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a winter/spring hunt is a WNP gray whale or a PCFG whale or neither, or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A whale affirmatively identified as a PCFG whale will be counted accordingly. A whale that cannot be identified will be presumed to be a PCFG whale in accordance with the proportions specified in § 216.114(d)(2) and will be counted accordingly. If the sex of a whale that is counted, in whole or in part, as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (2) Summer/fall hunts. Based on available evidence, the Regional Administrator will determine in writing whether a gray whale that is struck in a summer/fall hunt is a WNP gray whale or cannot be identified due to a lack of photographs or genetic data useful for making identifications. A gray whale that cannot be identified as a WNP gray whale will be counted as a PCFG whale. If the sex of a whale that is counted as a PCFG whale cannot be identified, the proportions specified in § 216.114(d)(2) will be applied. (3) Hunting and training approaches. Gray whales subjected to hunting or training approaches are presumed to be PCFG whales in accordance with the proportions specified in § 21… | ||||
| 50:50:10.0.1.3.2.10.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.116 Use of edible and nonedible whale products. | NOAA | (a) Gray whales landed under a hunt permit may be utilized as follows: (1) Edible products of ENP gray whales. Enrolled members of the Makah Indian Tribe may possess, consume, and transport edible whale products and may share and barter such products with other enrolled members, both within and outside the Makah Indian Tribe's reservation boundaries, subject to the following restrictions: (i) Within the Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products with any person. (ii) Outside the Makah Indian Tribe's reservation boundaries, enrolled members of the Makah Indian Tribe may share edible ENP gray whale products: (A) At the Tribal member's residence with any person, provided the products are shared for consumption at the Tribal member's residence; or (B) With any person attending a Tribal or intertribal gathering sanctioned by the Makah Tribal Council, so long as there is not more than 2 pounds of such edible product per person attending the gathering. (iii) Any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible ENP gray whale products within the Makah Indian Tribe's reservation boundaries so long as the products are shared by an enrolled member of the Makah Indian Tribe. Outside the Tribe's reservation boundaries, any person who is not an enrolled member of the Makah Indian Tribe may possess, consume, and transport edible gray whale products only at a Tribal member's residence or at a Tribal or intertribal gathering sanctioned by the Makah Tribal Council if such products are shared by an enrolled member of the Makah Indian Tribe and the person consumes the products at the gathering. (2) Nonedible products of ENP gray whales. (i) Enrolled members of the Makah Indian Tribe may possess nonedible whale products that have not been fashioned into Makah Indian handicrafts and Makah Indian handicrafts that have not been marked and certificated per paragraph (a)(2)(iii) of this section, may … | ||||
| 50:50:10.0.1.3.2.10.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.117 Prohibited acts. | NOAA | (a) It is unlawful for the Makah Indian Tribe or any enrolled member of the Makah Indian Tribe to: (1) Take any gray whale except as authorized by a hunt permit issued under § 216.113(b) or by any other provision of this part. (2) Participate in a hunt while failing to carry onboard the vessel at all times a hunt permit issued by NMFS and a Tribal whaling permit issued by the Makah Indian Tribe, or an electronic copy or photocopy of these permits. (3) Make a training approach or a training harpoon throw while failing to carry onboard the training vessel at all times an electronic copy or photocopy of the hunt permit issued by NMFS and a training logbook approved by the Makah Indian Tribe for recording training approaches and training harpoon throws. (4) Participate in a hunt as a whaling captain, rifleman, harpooner, Tribal hunt observer, or safety officer, unless the individual's name is included in a Tribal certification report issued under § 216.118(a)(6)(i). (5) Violate any provision of any hunt permit issued under § 216.113(b). (6) Make an approach on a calf or an adult gray whale accompanying a calf after a member of the whaling crew has identified the presence of a calf. (7) Fail to remain at least 100 yards (91.5 m) away from a calf or an adult accompanying a calf after a member of the whaling crew has identified the presence of a calf. (8) Hunt or make a training harpoon throw on a calf or an adult gray whale accompanying a calf. (9) Hunt outside the geographic area identified in § 216.113(b)(5)(iii) unless in pursuit of a gray whale that has already been struck within that area. (10) Hunt, make a hunting or training approach, or make a training harpoon throw after reaching the limits specified in the hunt permit per § 216.113(b)(5)(i) through (viii). (11) Hunt if the limit on PCFG whales or PCFG females that may be struck is less than one as a result of accounting per § 216.115(b)(1) through (3). (12) Hunt after the Makah Indian Tribe has been notified in writing by the Regional Administrato… | ||||
| 50:50:10.0.1.3.2.10.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | J | Subpart J—Taking of Eastern North Pacific (ENP) Gray Whales (Eschrichtius robustus) by the Makah Indian Tribe Off the Coast of Washington State | § 216.118 Requirements for monitoring, reporting, and recordkeeping. | NOAA | (a) In addition to the reporting provisions described in § 230.8 of this chapter, the Makah Indian Tribe will: (1) Ensure a certified Tribal hunt observer accompanies each hunt. The Tribal hunt observer will record in a hunting logbook the time, date, and location (latitude and longitude, accurate to at least the nearest second) of each hunting approach of a gray whale, each attempt to strike a gray whale, and each gray whale struck. For each gray whale struck, the Tribal hunt observer will record whether the whale was landed. If not landed, the Tribal hunt observer will describe the circumstances associated with the striking of the whale and estimate whether the animal suffered a wound that might be fatal. For every gray whale approached by the whaling crew, the Tribal hunt observer must make every reasonable attempt to collect digital photographs useful for photo-identification purposes. (2) Ensure that each vessel involved in a training approach has onboard a training logbook for recording the date, location, and number of gray whales approached and the number of training harpoon throws. Each training approach and training harpoon throw must be reported to the Tribal hunt observer within 24 hours. (3) Maintain hunting and training logbooks specified in paragraphs (a)(1) and (2) of this section and allow persons designated by NMFS to inspect them upon request. (4) Ensure that each whaling captain allows a NMFS hunt observer to accompany and observe any hunt. (5) Maintain an official record of all articles of Makah Indian handicraft, including the following information for each article certified by the Makah Tribal Council or its designee: the date of the certification; the permanent distinctive mark identifying the article as a Makah Indian handicraft; a brief description of the handicraft, including artist's full name, gray whale product(s) used, and approximate size; and at least one digital photograph of the entire handicraft. A copy of the official record of Makah Indian handicrafts must be provided to… | ||||
| 50:50:10.0.1.3.2.2.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.11 Prohibited taking. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 47 FR 21254, May 18, 1982; 54 FR 21921, May 19, 1989] | Except as otherwise provided in subparts C, D, and I of this part 216 or in part 228 or 229, it is unlawful for: (a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or (b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States, or (c) Any person subject to the jurisdiction of the United States to take any marine mammal during the moratorium. | |||
| 50:50:10.0.1.3.2.2.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.20 Special restrictions for Hawaiian spinner dolphins. | NOAA | 86 FR 53841, Sept. 28, 2021] | (a) Applicability. The following special restrictions designed to protect Hawaiian Spinner Dolphins apply: (1) In all waters within 2 nautical miles (nmi) of the main Hawaiian Islands, and (2) In all waters bounded by the islands of Lāna`i, Maui, and Kaho`olawe enclosed by 3 line segments that connect points on the 2-nmi boundary between the islands as follows: The straight line between 20°32′51″ N/156°43′50″ W (Kaho`olawe) and 20°42′4″ N/156°55′34″ W (Lāna`i), the straight line between 20°51′1″ N/156°54′0″ W (Lāna`i) and 20°59′48″ N/156°42′28″ W (Maui), and the straight line between 20°33′55″ N/156°26′43″ W (Maui) and 20°32′15″ N/156°29′51″ W (Kaho`olawe) (all coordinates referenced to The World Geodetic System of 1984 (WGS 84)). Table 1 to Paragraph ( a )(2)—Coordinates for the Extent of the Designated Waters Bounded by Lāna`i, Maui, and Kaho`olawe * [All coordinates referenced to The World Geodetic System of 1984 (WGS 84).] * (see Figure 3 of this section). (b) Prohibitions. Except as noted in paragraph (c) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed any of the following: (1) Approach or remain within 50 yards (45.7 m) of a Hawaiian spinner dolphin by any means; (2) Swim within 50 yards (45.7 m) of a Hawaiian spinner dolphin; (3) Cause a vessel, person, or other object to approach or remain within 50 yards (45.7 m) of a Hawaiian spinner dolphin; or (4) Intercept or place a vessel, person, or other object in the path of a Hawaiian spinner dolphin so that the dolphin approaches within 50 yards (45.7 m) of the vessel, person, or object. (c) Exceptions. The prohibitions of paragraph (b) of this section do not apply to: (1) Any person who inadvertently comes within 50 yards (45.7 m) of a Hawaiian spinner dolphin or is approached by a spinner dolphin, provided the person makes no effort to engage or pursue the animal and takes immediate steps to move away fr… | |||
| 50:50:10.0.1.3.2.2.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.12 Prohibited importation. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994] | (a) Except as otherwise provided in subparts C and D of this part 216, it is unlawful for any person to import any marine mammal or marine mammal product into the United States. (b) Regardless of whether an importation is otherwise authorized pursuant to subparts C and D of this part 216, it is unlawful for any person to import into the United States any: (1) Marine mammal: (i) Taken in violation of the MMPA, or (ii) Taken in another country in violation to the laws of that country; (2) Any marine mammal product if (i) The importation into the United States of the marine mammal from which such product is made would be unlawful under paragraph (b)(1) of this section, or (ii) The sale in commerce of such product in the country of origin if the product is illegal. (c) Except in accordance with an exception referred to in subpart C and §§ 216.31 (regarding scientific research permits only) and 216.32 of this part 216, it is unlawful to import into the United States any: (1) Marine mammal which was pregnant at the time of taking. (2) Marine mammal which was nursing at the time of taking, or less than 8 months old, whichever occurs later. (3) Specimen of an endangered or threatened species of marine mammal. (4) Specimen taken from a depleted species or stock of marine mammals, or (5) Marine mammal taken in an inhumane manner. (d) It is unlawful to import into the United States any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner proscribed by the Secretary of Commerce for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish. | |||
| 50:50:10.0.1.3.2.2.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.13 Prohibited uses, possession, transportation, sales, and permits. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 1994; 61 FR 21933, May 10, 1996] | It is unlawful for: (a) Any person to use any port, harbor or other place under the jurisdiction of the United States for any purpose in any way connected with a prohibited taking or an unlawful importation of any marine mammal or marine mammal product; or (b) Any person subject to the jurisdiction of the United States to possess any marine mammal taken in violation of the MMPA or these regulations, or to transport, sell, or offer for sale any such marine mammal or any marine mammal product made from any such mammal. (c) Any person subject to the jurisdiction of the United States to use in a commercial fishery, any means or method of fishing in contravention of regulations and limitations issued by the Secretary of Commerce for that fishery to achieve the purposes of this MMPA. (d) Any person to violate any term, condition, or restriction of any permit issued by the Secretary. | |||
| 50:50:10.0.1.3.2.2.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.14 Marine mammals taken before the MMPA. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 1994] | (a) Section 102(e) of the MMPA provides, in effect, that the MMPA shall not apply to any marine mammal taken prior to December 21, 1972, or to any marine mammal product, consisting of or composed in whole or in part of, any marine mammal taken before that date. This prior status of any marine mammal or marine mammal product may be established by submitting to the Director, National Marine Fisheries Service prior to, or at the time of importation, an affidavit containing the following: (1) The Affiant's name and address; (2) Identification of the Affiant; (3) A description of the marine mammals or marine mammal products which the Affiant desires to import; (4) A statement by the Affiant that, to the best of his knowledge and belief, the marine mammals involved in the application were taken prior to December 21, 1972; (5) A statement by the Affiant in the following language: The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of—under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 through 1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of 1972. The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of—under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 through 1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of 1972. (b) Either one of two exhibits shall be attached to such affidavit, an… | |||
| 50:50:10.0.1.3.2.2.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.15 Depleted species. | NOAA | [53 FR 17899, May 18, 1988, as amended at 58 FR 17791, Apr. 6, 1993; 58 FR 45074, Aug. 26, 1993; 58 FR 58297, Nov. 1, 1993; 59 FR 50376, Oct. 3, 1994; 65 FR 34597, May 31, 2000; 68 FR 31983, May 29, 2003; 69 FR 31324, June 3, 2004; 81 FR 74719, Oct. 27, 2016] | The following species or population stocks have been designated by the Assistant Administrator as depleted under the provisions of the MMPA. (a) Hawaiian monk seal ( Monachus schauinslandi ). (b) Bowhead whale ( Balaena mysticetus ). (c) North Pacific fur seal ( Callorhinus ursinus ). Pribilof Island population. (d) Bottlenose dolphin ( Tursiops truncatus ), coastal-migratory stock along the U.S. mid-Atlantic coast. (e) Eastern spinner dolphin ( Stenella longirostris orientalis ). (f) Northeastern offshore spotted dolphin ( Stenella attenuata ). (g) Cook Inlet, Alaska, stock of beluga whales ( Delphinapterus leucas ). The stock includes all beluga whales occurring in waters of the Gulf of Alaska north of 58° North latitude including, but not limited to, Cook Inlet, Kamishak Bay, Chinitna Bay, Tuxedni Bay, Prince William Sound, Yakutat Bay, Shelikof Strait, and off Kodiak Island and freshwater tributaries to these waters. (h) Eastern North Pacific Southern Resident stock of killer whales (Orcinus orca). The stock includes all resident killer whales in pods J, K, and L in the waters of, but not limited to, the inland waterways of southern British Columbia and Washington, including the Georgia Strait, the Strait of Juan de Fuca, and Puget Sound. (i) AT1 stock of killer whales ( Orcinus orca ). The stock includes all killer whales belonging to the AT1 group of transient killer whales occurring primarily in waters of Prince William Sound, Resurrection Bay, and the Kenai Fjords region of Alaska. (j) Sakhalin Bay-Nikolaya Bay-Amur River beluga whales ( Delphinapterus leucas ). The stock includes all beluga whales primarily occurring in, but not limited to, waters of Sakhalin Bay, Nikolaya Bay, and Amur River in the Sea of Okhotsk. | |||
| 50:50:10.0.1.3.2.2.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.16 Prohibitions under the General Authorization for Level B harassment for scientific research. | NOAA | [59 FR 50376, Oct. 3, 1994] | It shall be unlawful for any person to: (a) Provide false information in a letter of intent submitted pursuant to § 216.45(b); (b) Violate any term or condition imposed pursuant to § 216.45(d). | |||
| 50:50:10.0.1.3.2.2.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.17 General prohibitions. | NOAA | [70 FR 19008, Apr. 12, 2005] | It is unlawful for any person to: (a) Assault, resist, oppose, impede, intimidate, threaten, or interfere with any authorized officer in the conduct of any search, inspection, investigation or seizure in connection with enforcement of the MMPA, DPCIA, or IDCPA. (b) Interfere with, delay, or prevent by any means the apprehension of another person, knowing that such person has committed any act prohibited by the MMPA. (c) Resist a lawful arrest for any act prohibited under the MMPA. (d) Make any false statement, oral or written, to an authorized officer concerning any act under the jurisdiction of the MMPA, DPCIA, IDCPA, or attempt to do any of the above. (e) Interfere with, obstruct, delay, or prevent by any means an investigation, search, seizure, or disposition of seized property in connection with enforcement of the MMPA, DPCIA, or IDCPA. | |||
| 50:50:10.0.1.3.2.2.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.18 Approaching humpback whales in Alaska. | NOAA | [81 FR 62020, Sept. 8, 2016] | (a) Prohibitions. Except as provided under paragraph (b) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles (370.4 km) of Alaska, or within inland waters of the state, any of the acts in paragraphs (a)(1) through (a)(3) of this section with respect to humpback whales ( Megaptera novaeangliae ): (1) Approach, by any means, including by interception ( i.e., placing a vessel in the path of an oncoming humpback whale so that the whale surfaces within 100 yards (91.4 m) of the vessel), within 100 yards (91.4 m) of any humpback whale; (2) Cause a vessel or other object to approach within 100 yards (91.4 m) of a humpback whale; or (3) Disrupt the normal behavior or prior activity of a whale by any other act or omission. A disruption of normal behavior may be manifested by, among other actions on the part of the whale, a rapid change in direction or speed; escape tactics such as prolonged diving, underwater course changes, underwater exhalation, or evasive swimming patterns; interruptions of breeding, nursing, or resting activities, attempts by a whale to shield a calf from a vessel or human observer by tail swishing or by other protective movement; or the abandonment of a previously frequented area. (b) Exceptions. The following exceptions apply, but any person who claims the applicability of an exception has the burden of proving that the exception applies: (1) Paragraph (a) of this section does not apply if an approach is authorized by the National Marine Fisheries Service through a permit issued under subpart D of this part (Special Exceptions) or through a similar authorization. (2) Paragraph (a) of this section does not apply to the extent that a vessel is restricted in its ability to maneuver and, because of the restriction, cannot comply with paragraph (a) of this section. (3) Paragraph (a) of this section does not apply to commercial fishin… | |||
| 50:50:10.0.1.3.2.2.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | B | Subpart B—Prohibitions | § 216.19 Special restrictions for humpback whales in waters surrounding the islands of Hawaii. | NOAA | [81 FR 62017, Sept. 8, 2016, as amended at 88 FR 88265, Dec. 21, 2023] | (a) Prohibitions. Except as noted in paragraph (b) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles (370.4 km) of the islands of Hawaii, any of the following acts with respect to humpback whales ( Megaptera novaeangliae ): (1) Operate any aircraft within 1,000 feet (304.8 m) of any humpback whale; (2) Approach, by any means, within 100 yards (91.4 m) of any humpback whale; (3) Cause a vessel, person, or other object to approach within 100 yards (91.4 m) of a humpback whale; (4) Approach a humpback whale by interception ( i.e., placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within 1,000 feet (304.8 m) of the aircraft or 100 yards (91.4 m) of the vessel, person, or object); or (5) Disrupt the normal behavior or prior activity of a whale by any other act or omission. A disruption of normal behavior may be manifested by, among other actions on the part of the whale, a rapid change in direction or speed; escape tactics such as prolonged diving, underwater course changes, underwater exhalation, or evasive swimming patterns; interruptions of breeding, nursing, or resting activities; attempts by a whale to shield a calf from a vessel or human observer by tail swishing or by other protective movements; or the abandonment of a previously frequented area. (b) Exceptions. The prohibitions of paragraph (a) of this section do not apply to: (1) Federal, State, or local government vessels, personnel, and assets, when necessary, in the course of performing official duties; (2) Vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment; (3) Vessels restricted in their ability to maneuver that, because of this restriction, are not able to comply with approach restrictions; or (4) Activities authorized through a permit or authorization issued… | |||
| 50:50:10.0.1.3.2.3.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.21 Actions permitted by international treaty, convention, or agreement. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994] | The MMPA and these regulations shall not apply to the extent that they are inconsistent with the provisions of any international treaty, convention or agreement, or any statute implementing the same relating to the taking or importation of marine mammals or marine mammal products, which was existing and in force prior to December 21, 1972, and to which the United States was a party. Specifically, the regulations in subpart B of this part and the provisions of the MMPA shall not apply to activities carried out pursuant to the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 1151 through 1187, as in each case, from time to time amended. | |||
| 50:50:10.0.1.3.2.3.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.22 Taking by State or local government officials. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 56 FR 41307, Aug. 20, 1991] | (a) A State or local government official or employee may take a marine mammal in the normal course of his duties as an official or employee, and no permit shall be required, if such taking: (1) Is accomplished in a humane manner; (2) Is for the protection or welfare of such mammal or for the protection of the public health or welfare; and (3) Includes steps designed to insure return of such mammal, if not killed in the course of such taking, to its natural habitat. In addition, any such official or employee may, incidental to such taking, possess and transport, but not sell or offer for sale, such mammal and use any port, harbor, or other place under the jurisdiction of the United States. All steps reasonably practicable under the circumstances shall be taken by any such employee or official to prevent injury or death to the marine mammal as the result of such taking. Where the marine mammal in question is injured or sick, it shall be permissible to place it in temporary captivity until such time as it is able to be returned to its natural habitat. It shall be permissible to dispose of a carcass of a marine mammal taken in accordance with this subsection whether the animal is dead at the time of taking or dies subsequent thereto. (b) Each taking permitted under this section shall be included in a written report to be submitted to the Secretary every six months beginning December 31, 1973. Unless otherwise permitted by the Secretary, the report shall contain a description of: (1) The animal involved; (2) The circumstances requiring the taking; (3) The method of taking; (4) The name and official position of the State official or employee involved; (5) The disposition of the animal, including in cases where the animal has been retained in captivity, a description of the place and means of confinement and the measures taken for its maintenance and care; and (6) Such other information as the Secretary may require. (c) Salvage of dead stranded marine mammals or parts therefrom and subsequent transfer. (1) … | |||
| 50:50:10.0.1.3.2.3.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.23 Native exceptions. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 64 FR 27927, May 24, 1999; 69 FR 17980, Apr. 6, 2004; 73 FR 60985, Oct. 15, 2008] | (a) Taking. Notwithstanding the prohibitions of subpart B of this part 216, but subject to the restrictions contained in this section, any Indian, Aleut, or Eskimo who resides on the coast of the North Pacific Ocean or the Arctic Ocean may take any marine mammal without a permit, if such taking is: (1) By Alaskan Natives who reside in Alaska for subsistence, or (2) For purposes of creating and selling authentic native articles of handicraft and clothing, and (3) In each case, not accomplished in a wasteful manner. (b) Restrictions. (1) No marine mammal taken for subsistence may be sold or otherwise transferred to any person other than an Alaskan Native or delivered, carried, transported, or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Alaskan Native directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Alaskan Native; or (ii) It is sold or transferred to a registered agent in Alaska for resale or transfer to an Alaskan Native; or (iii) It is an edible portion and it is sold in an Alaskan Native village or town. (2) No marine mammal taken for purposes of creating and selling authentic native articles of handicraft and clothing may be sold or otherwise transferred to any person other than an Indian, Aleut or Eskimo, or delivered, carried, transported or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Indian, Aleut or Eskimo directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Indian, Aleut or Eskimo; or (ii) It is sold or transferred to a registered agent for resale or transfer to an Indian, Aleut, or Eskimo; or (iii) It has first been transformed into an authentic native article of handicraft or clothing; or (iv) It is an edible portion and sold (A) in an… | |||
| 50:50:10.0.1.3.2.3.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.24 Taking and related acts in commercial fishing operations including tuna purse seine vessels in the eastern tropical Pacific Ocean. | NOAA | [69 FR 55297, Sept. 13, 2004, as amended at 70 FR 19008, Apr. 12, 2005; 74 FR 1613, Jan. 13, 2009; 81 FR 36184, June 6, 2016; 81 FR 51132, Aug. 3, 2016; 81 FR 54413, Aug. 15, 2016; 83 FR 3625, Jan. 26, 2018; 84 FR 70043, Dec. 20, 2019; 85 FR 29669, May 18, 2020; 85 FR 49975, Aug. 17, 2020; 85 FR 58297, Sept. 18, 2020; 85 FR 69517, Nov. 3, 2020; 87 FR 17023, Mar. 25, 2022] | (a)(1) No marine mammal may be taken in the course of a commercial fishing operation by a U.S. purse seine fishing vessel in the ETP unless the taking constitutes an incidental catch as defined in § 216.3, and vessel and operator permits have been obtained in accordance with these regulations, and such taking is not in violation of such permits or regulations. (2)(i) It is unlawful for any person using a U.S. purse seine fishing vessel of 400 short tons (st) (362.8 metric tons (mt)) carrying capacity or less to intentionally deploy a net on or to encircle dolphins, or to carry more than two speedboats, if any part of its fishing trip is in the ETP. (ii) It is unlawful for any person using a U.S. purse seine fishing vessel of greater than 400 st (362.8 mt) carrying capacity that does not have a valid permit obtained under these regulations to catch, possess, or land tuna if any part of the vessel's fishing trip is in the ETP. (iii) It is unlawful for any person subject to the jurisdiction of the United States to receive, purchase, or possess tuna caught, possessed, or landed in violation of paragraph (a)(2)(ii) of this section. (iv) It is unlawful for any person subject to the jurisdiction of the United States to intentionally deploy a purse seine net on, or to encircle, dolphins from a vessel operating in the ETP when there is not a DML assigned to that vessel. (v) It is unlawful for any person subject to the jurisdiction of the United States to intentionally deploy a purse seine net on, or to encircle, dolphins from a vessel operating in the ETP with an assigned DML after a set in which the DML assigned to that vessel has been reached or exceeded. (vi) Alleged violations of the Agreement on the IDCP and/or these regulations identified by the International Review Panel will be considered for potential enforcement action by NMFS. (3) Upon written request made in advance of entering the ETP, the limitations in paragraphs (a)(2)(ii) and (e)(1) of this section may be waived by the Administrator, West Coast Reg… | |||
| 50:50:10.0.1.3.2.3.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.25 Exempted marine mammals and marine mammal products. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 56 FR 43888, Sept. 5, 1991; 59 FR 50376, Oct. 3, 1994] | (a) The provisions of the MMPA and these regulations shall not apply: (1) To any marine mammal taken before December 21, 1972 1 , or 1 In the context of captive maintenance of marine mammals, the only marine mammals exempted under this section are those that were actually captured or otherwise in captivity before December 21, 1972. (2) To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date. (b) The prohibitions contained in § 216.12(c) (3) and (4) shall not apply to marine mammals or marine mammal products imported into the United States before the date on which a notice is published in the Federal Register with respect to the designation of the species or stock concerned as depleted or endangered. (c) Section 216.12(b) shall not apply to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful. | |||
| 50:50:10.0.1.3.2.3.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.26 Collection of certain marine mammal parts without prior authorization. | NOAA | [39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 61 FR 21933, May 10, 1996] | Notwithstanding any other provision of this subpart: (a) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within 1/4 of a mile of the ocean. The term ocean includes bays and estuaries. (b) Notwithstanding the provisions of subpart D, soft parts that are sloughed, excreted, or discharged naturally by a living marine mammal in the wild may be collected or imported for bona fide scientific research and enhancement, provided that collection does not involve the taking of a living marine mammal in the wild. (c) Any marine mammal part collected under paragraph (a) of this section or any marine mammal part collected and imported under paragraph (b) of this section must be registered and identified, and may be transferred or otherwise possessed, in accordance with § 216.22(c). In registering a marine mammal part collected or imported under paragraph (b) of this section, the person who collected or imported the part must also state the scientific research or enhancement purpose for which the part was collected or imported. (d) No person may purchase, sell or trade for commercial purposes any marine mammal part collected or imported under this section. (e) The export of parts collected without prior authorization under paragraph (b) of this section may occur if consistent with the provisions at § 216.37(d) under subpart D. | |||
| 50:50:10.0.1.3.2.3.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | C | Subpart C—General Exceptions | § 216.27 Release, non-releasability, and disposition under special exception permits for rehabilitated marine mammals. | NOAA | [61 FR 21933, May 10, 1996] | (a) Release requirements. (1) Any marine mammal held for rehabilitation must be released within six months of capture or import unless the attending veterinarian determines that: (i) The marine mammal might adversely affect marine mammals in the wild; (ii) Release of the marine mammal to the wild will not likely be successful given the physical condition and behavior of the marine mammal; or (iii) More time is needed to determine whether the release of the marine mammal to the wild will likely be successful. Releasability must be reevaluated at intervals of no less than six months until 24 months from capture or import, at which time there will be a rebuttable presumption that release into the wild is not feasible. (2) The custodian of the rehabilitated marine mammal shall provide written notification prior to any release into the wild. (i) Notification shall be provided to: (A) The NMFS Regional Director at least 15 days in advance of releasing any beached or stranded marine mammal, unless advance notice is waived in writing by the Regional Director; or (B) The Office Director at least 30 days in advance of releasing any imported marine mammal. (ii) Notification shall include the following: (A) A description of the marine mammal, including its physical condition and estimated age; (B) The date and location of release; and (C) The method and duration of transport prior to release. (3) The Regional Director, or the Office Director as appropriate, may: (i) Require additional information prior to any release; (ii) Change the date or location of release, or the method or duration of transport prior to release; (iii) Impose additional conditions to improve the likelihood of success or to monitor the success of the release; or (iv) Require other disposition of the marine mammal. (4) All marine mammals must be released near wild populations of the same species, and stock if known, unless a waiver is granted by the Regional Director or the Office Director. (5) All marine mammals released must be tagge… | |||
| 50:50:10.0.1.3.2.4.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.30 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.2.4.1.10 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.39 Permit amendments. | NOAA | [61 FR 21937, May 10, 1996] | (a) General. Special exception permits may be amended by the Office Director. Major and minor amendments may be made to permits in response to, or independent of, a request from the permit holder. Amendments must be consistent with the Acts and comply with the applicable provisions of this subpart. (1) A major amendment means any change to the permit specific conditions under § 216.36(a) regarding: (i) The number and species of marine mammals that are authorized to be taken, imported, exported, or otherwise affected; (ii) The manner in which these marine mammals may be taken, imported, exported, or otherwise affected, if the proposed change may result in an increased level of take or risk of adverse impact; (iii) The location(s) in which the marine mammals may be taken, from which they may be imported, and to which they may be exported, as applicable; and (iv) The duration of the permit, if the proposed extension would extend the duration of the permit more than 12 months beyond that established in the original permit. (2) A minor amendment means any amendment that does not constitute a major amendment. (b) Amendment requests and proposals. (1) Requests by a permit holder for an amendment must be submitted in writing and include the following: (i) The purpose and nature of the amendment; (ii) Information, not previously submitted as part of the permit application or subsequent reports, necessary to determine whether the amendment satisfies all issuance criteria set forth at § 216.34, and, as appropriate, § 216.41, § 216.42, and § 216.43. (iii) Any additional information required by the Office Director for purposes of reviewing the proposed amendment. (2) If an amendment is proposed by the Office Director, the permit holder will be notified of the proposed amendment, together with an explanation. (c) Review of proposed amendments —(1) Major amendments. The provisions of § 216.33(d) and (e) governing notice of receipt, review and decision shall apply to all proposed major amendments. (2) Mi… | |||
| 50:50:10.0.1.3.2.4.1.11 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.40 Penalties and permit sanctions. | NOAA | [61 FR 21938, May 10, 1996] | (a) Any person who violates any provision of this subpart or permit issued thereunder is subject to civil and criminal penalties, permit sanctions and forfeiture as authorized under the Acts, and 15 CFR part 904. (b) All special exception permits are subject to suspension, revocation, modification and denial in accordance with the provisions of subpart D of 15 CFR part 904. | |||
| 50:50:10.0.1.3.2.4.1.12 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.41 Permits for scientific research and enhancement. | NOAA | [61 FR 21938, May 10, 1996] | In addition to the requirements under §§ 216.33 through 216.38, permits for scientific research and enhancement are governed by the following requirements: (a) Applicant. (1) For each application submitted under this section, the applicant shall be the principal investigator responsible for the overall research or enhancement activity. If the research or enhancement activity will involve a periodic change in the principal investigator or is otherwise controlled by and dependent upon another entity, the applicant may be the institution, governmental entity, or corporation responsible for supervision of the principal investigator. (2) For any scientific research involving captive maintenance, the application must include supporting documentation from the person responsible for the facility or other temporary enclosure. (b) Issuance Criteria. For the Office Director to issue any scientific research or enhancement permit, the applicant must demonstrate that: (1) The proposed activity furthers a bona fide scientific or enhancement purpose; (2) If the lethal taking of marine mammals is proposed: (i) Non-lethal methods for conducting the research are not feasible; and (ii) For depleted, endangered, or threatened species, the results will directly benefit that species or stock, or will fulfill a critically important research need. (3) Any permanent removal of a marine mammal from the wild is consistent with any applicable quota established by the Office Director. (4) The proposed research will not likely have significant adverse effects on any other component of the marine ecosystem of which the affected species or stock is a part. (5) For species or stocks designated or proposed to be designated as depleted, or listed or proposed to be listed as endangered or threatened: (i) The proposed research cannot be accomplished using a species or stock that is not designated or proposed to be designated as depleted, or listed or proposed to be listed as threatened or endangered; (ii) The proposed research, by its… | |||
| 50:50:10.0.1.3.2.4.1.13 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.42 Photography. [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.2.4.1.14 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.43 Public display. [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.2.4.1.15 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.44 Applicability/transition. | NOAA | [61 FR 21939, May 10, 1996] | (a) General. The regulations of this subpart are applicable to all persons, including persons holding permits or other authorizing documents issued before June 10, 1996, by NMFS for the take, import, export, or conduct of any otherwise prohibited activity involving a marine mammal or marine mammal part for special exception purposes. (b) Scientific research. Any intrusive research as defined in § 216.3, initiated after June 10, 1996, must be authorized under a scientific research permit. Intrusive research authorized by the Office Director to be conducted on captive marine mammals held for public display purposes prior to June 10, 1996, must be authorized under a scientific research permit one year after June 10, 1996. | |||
| 50:50:10.0.1.3.2.4.1.16 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.45 General Authorization for Level B harassment for scientific research. | NOAA | [59 FR 50376, Oct. 3, 1994, as amended at 89 FR 100402, Dec. 12, 2024] | (a) General Authorization. (1) Persons are authorized under section 104(c)(3)(C) of the MMPA to take marine mammals in the wild by Level B harassment, as defined in § 216.3, for purposes of bona fide scientific research Provided, That: (i) They submit a letter of intent in accordance with the requirements of paragraph (b) of this section, receive confirmation that the General Authorization applies in accordance with paragraph (c) of this section, and comply with the terms and conditions of paragraph (d) of this section; or (ii) If such marine mammals are listed as endangered or threatened under the ESA, they have been issued a permit under Section 10(a)(1)(A) of the ESA and implementing regulations at 50 CFR parts 217-227, particularly at § 222.23 through § 222.28, to take marine mammals in the wild for the purpose of scientific research, the taking authorized under the permit involves such Level B harassment of marine mammals or marine mammal stocks, and they comply with the terms and conditions of that permit. (2) Except as provided under paragraph (a)(1)(ii) of this section, no taking, including harassment, of marine mammals listed as threatened or endangered under the ESA is authorized under the General Authorization. Marine mammals listed as endangered or threatened under the ESA may be taken for purposes of scientific research only after issuance of a permit for such activities pursuant to the ESA. (3) The following types of research activities will likely qualify for inclusion under the General Authorization: Photo-identification studies, behavioral observations, and vessel and aerial population surveys (except aerial surveys over pinniped rookeries at altitudes of less than 1,000 ft). (b) Letter of intent. Except as provided under paragraph (a)(1)(ii) of this section, any person intending to take marine mammals in the wild by Level B harassment for purposes of bona fide scientific research under the General Authorization must submit, at least 60 days before commencement of such research, a lett… | |||
| 50:50:10.0.1.3.2.4.1.17 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.46 U.S. citizens on foreign flag vessels operating under the International Dolphin Conservation Program. | NOAA | [65 FR 56, Jan. 3, 2000] | The MMPA's provisions do not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations in the ETP which are outside the U.S. exclusive economic zone (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), while employed on a fishing vessel of a harvesting nation that is participating in, and in compliance with, the IDCP. | |||
| 50:50:10.0.1.3.2.4.1.18 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.47 Access to marine mammal tissue, analyses, and data. | NOAA | [69 FR 41979, July 13, 2004] | (a) Applications for the National Marine Mammal Tissue Bank samples (NMMTB). (1) A principal investigator, contributor or holder of a scientific research permit issued in accordance with the provisions of this subpart may apply for access to a tissue specimen sample in the NMMTB. Applicants for tissue specimen samples from the NMMTB must submit a signed written request with attached study plan to the Marine Mammal Health and Stranding Response Program (MMHSRP) Program Manager, Office of Protected Resources, NMFS. The written request must include: (i) A clear and concise statement of the proposed use of the banked tissue specimen. The applicant must demonstrate that the proposed use of the banked tissue is consistent with the goals of the NMMTB and the MMHSRP. (A) The goals of the MMHSRP are to facilitate the collection and dissemination of reference data on marine mammals and health trends of marine mammal populations in the wild; to correlate the health of marine mammals and marine mammal populations in the wild with available data on physical, chemical, and biological environmental parameters; and to coordinate effective responses to unusual mortality events. (B) The goal of the NMMTB is to maintain quality controlled marine mammal tissues that will permit retrospective analyses to determine environmental trends of contaminants and other analytes of interest and that will provide the highest quality samples for analyses using new and innovative techniques. (ii) A copy of the applicant's scientific research permit. The applicant must demonstrate that the proposed use of the banked tissue is authorized by the permit; (iii) Name of principal investigator, official title, and affiliated research or academic organization; (iv) Specific tissue sample and quantity desired; (v) Research facility where analyses will be conducted. The applicant must demonstrate that the research facility will follow the Analytical Quality Assurance (AQA) program, which was designed to ensure the accuracy, precision, level of det… | |||
| 50:50:10.0.1.3.2.4.1.19 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | §§ 216.48-216.49 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.2.4.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.31 Definitions. | NOAA | [61 FR 21935, May 10, 1996] | For the purpose of this subpart, the definitions set forth in 50 CFR part 217 shall apply to all threatened and endangered marine mammals, unless a more restrictive definition exists under the MMPA or part 216. | |||
| 50:50:10.0.1.3.2.4.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.32 Scope. | NOAA | [61 FR 21935, May 10, 1996] | The regulations of this subpart apply to: (a) All marine mammals and marine mammal parts taken or born in captivity after December 20, 1972; and (b) All marine mammals and marine mammal parts that are listed as threatened or endangered under the ESA. | |||
| 50:50:10.0.1.3.2.4.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.33 Permit application submission, review, and decision procedures. | NOAA | [61 FR 21935, May 10, 1996] | (a) Application submission. Persons seeking a special exemption permit under this subpart must submit an application to the Office Director. The application must be signed by the applicant, and provide in a properly formatted manner all information necessary to process the application. Written instructions addressing information requirements and formatting may be obtained from the Office Director upon request. (b) Applications to export living marine mammals. For applicants seeking a special exception permit to export living marine mammals, the application must: (1) Be submitted through the Convention on International Trade in Endangered Fauna and Flora management authority of the foreign government or, if different, the appropriate agency or agencies of the foreign government that exercises oversight over marine mammals. (2) Include a certification from the foreign government that: (i) The information set forth in the application is accurate; (ii) The laws and regulations of the foreign governmentinvolved allow enforcement of the terms and conditions of the permit, and that the foreign government will enforce all terms and conditions; and (iii) The foreign government involved will afford comity to any permit amendment, modification, suspension or revocation decision. (c) Initial review. (1) NMFS will notify the applicant of receipt of the application. (2) During the initial review, the Office Director will determine: (i) Whether the application is complete. (ii) Whether the proposed activity is for purposes authorized under this subpart. (iii) If the proposed activity is for enhancement purposes, whether the species or stock identified in the application is in need of enhancement for its survival or recovery and whether the proposed activity will likely succeed in its objectives. (iv) Whether the activities proposed are to be conducted consistent with the permit restrictions and permit specific conditions as described in § 216.35 and § 216.36(a). (v) Whether sufficient information is included … | |||
| 50:50:10.0.1.3.2.4.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.34 Issuance criteria. | NOAA | [61 FR 21936, May 10, 1996] | (a) For the Office Director to issue any permit under this subpart, the applicant must demonstrate that: (1) The proposed activity is humane and does not present any unnecessary risks to the health and welfare of marine mammals; (2) The proposed activity is consistent with all restrictions set forth at § 216.35 and any purpose-specific restrictions as appropriate set forth at § 216.41, § 216.42, and § 216.43; (3) The proposed activity, if it involves endangered or threatened marine mammals, will be conducted consistent with the purposes and policies set forth in section 2 of the ESA; (4) The proposed activity by itself or in combination with other activities, will not likely have a significant adverse impact on the species or stock; (5) Whether the applicant's expertise, facilities, and resources are adequate to accomplish successfully the objectives and activities stated in the application; (6) If a live animal will be held captive or transported, the applicant's qualifications, facilities, and resources are adequate for the proper care and maintenance of the marine mammal; and (7) Any requested import or export will not likely result in the taking of marine mammals or marine mammal parts beyond those authorized by the permit. (b) The opinions or views of scientists or other persons or organizations knowledgeable of the marine mammals that are the subject of the application or of other matters germane to the application will be considered. | |||
| 50:50:10.0.1.3.2.4.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.35 Permit restrictions. | NOAA | [61 FR 21936, May 10, 1996, as amended at 89 FR 100402, Dec. 12, 2024] | The following restrictions shall apply to all permits issued under this subpart: (a) The taking, importation, export, or other permitted activity involving marine mammals and marine mammal parts shall comply with the regulations of this subpart. (b) Special exception permits expire on the date specified in the permit, unless limited or extended in duration by the Director in accordance with §§ 216.36 and 216.39. (c) Except as provided for in § 216.41(c)(1)(v), marine mammals or marine mammal parts imported under the authority of a permit must be taken or imported in a humane manner, and in compliance with the Acts and any applicable foreign law. Importation of marine mammals and marine mammal parts is subject to the provisions of 50 CFR part 14. (d) The permit holder shall not take from the wild any marine mammal which at the time of taking is either unweaned or less than eight months old, or is a part of a mother-calf/pup pair, unless such take is specifically authorized in the conditions of the special exception permit. Additionally, the permit holder shall not import any marine mammal that is pregnant or lactating at the time of taking or import, or is unweaned or less than eight months old unless such import is specifically authorized in the conditions of the special exception permit. (e) Captive marine mammals shall not be released into the wild unless specifically authorized by the Office Director under a scientific research or enhancement permit. (f) The permit holder is responsible for all activities of any individual who is operating under the authority of the permit; (g) Individuals conducting activities authorized under the permit must possess qualifications commensurate with their duties and responsibilities, or must be under the direct supervision of a person with such qualifications; (h) Persons who require state or Federal licenses to conduct activities authorized under the permit must be duly licensed when undertaking such activities; (i) Special exception permits are not transferable or … | |||
| 50:50:10.0.1.3.2.4.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.36 Permit conditions. | NOAA | [61 FR 21937, May 10, 1996] | (a) Specific conditions. (1) Permits issued under this subpart shall contain specific terms and conditions deemed appropriate by the Office Director, including, but not limited to: (i) The number and species of marine mammals that are authorized to be taken, imported, exported, or otherwise affected; (ii) The manner in which marine mammals may be taken according to type of take; (iii) The location(s) in which the marine mammals may be taken, from which they may be imported, or to which they may be exported, as applicable, and, for endangered or threatened marine mammal species to be imported or exported, the port of entry or export; (iv) The period during which the permit is valid. (2) [Reserved] (b) Other conditions. In addition to the specific conditions imposed pursuant to paragraph (a) of this section, the Office Director shall specify any other permit conditions deemed appropriate. | |||
| 50:50:10.0.1.3.2.4.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.37 Marine mammal parts. | NOAA | [61 FR 21937, May 10, 1996] | With respect to marine mammal parts acquired by take or import authorized under a permit issued under this subpart: (a) Marine mammal parts are transferrable if: (1) The person transferring the part receives no remuneration of any kind for the marine mammal part; (2) The person receiving the marine mammal part is: (i) An employee of NMFS, the U.S. Fish and Wildlife Service, or any other governmental agency with conservation and management responsibilities, who receives the part in the course of their official duties; (ii) A holder of a special exception permit which authorizes the take, import, or other activity involving the possession of a marine mammal part of the same species as the subject part; or (iii) In the case of marine mammal parts from a species that is not depleted, endangered or threatened, a person who is authorized under section 112(c) of the MMPA and subpart C of this part to take or import marine mammals or marine mammal parts; (iv) Any other person specifically authorized by the Regional Director, consistent with the requirements of paragraphs (a)(1) and (a)(3) through (6) of this section. (3) The marine mammal part is transferred for the purpose of scientific research, maintenance in a properly curated, professionally accredited scientific collection, or education, provided that, for transfers for educational purposes, the recipient is a museum, educational institution or equivalent that will ensure that the part is available to the public as part of an educational program; (4) A unique number assigned by the permit holder is marked on or affixed to the marine mammal part or container; (5) The person receiving the marine mammal part agrees that, as a condition of receipt, subsequent transfers may only occur subject to the provisions of paragraph (a) of this section; and (6) Within 30 days after the transfer, the person transferring the marine mammal part notifies the Regional Director of the transfer, including a description of the part, the person to whom the part was transferred,… | |||
| 50:50:10.0.1.3.2.4.1.9 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Special Exceptions | § 216.38 Reporting. | NOAA | [61 FR 21937, May 10, 1996] | All permit holders must submit annual, final, and special reports in accordance with the requirements established in the permit, and any reporting format established by the Office Director. | |||
| 50:50:10.0.1.3.2.5.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | E | Subpart E—Designated Ports | § 216.50 Importation at designated ports. | NOAA | [39 FR 1852, Jan. 15, 1974. Redesignated at 59 FR 50376, Oct. 3, 1994] | (a) Any marine mammal or marine mammal product which is subject to the jurisdiction of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce and is intended for importation into the United States shall be subject to the provisions of 50 CFR part 14. (b) For the information of importers, designated ports of entry for the United States are: New York, N.Y. Miami, Fla. Chicago, Ill. San Francisco, Calif. Los Angeles, Calif. New Orleans, La. Seattle, Wash. Honolulu, Hi. New York, N.Y. Miami, Fla. Chicago, Ill. San Francisco, Calif. Los Angeles, Calif. New Orleans, La. Seattle, Wash. Honolulu, Hi. (c) Additionally, marine mammals or marine mammal products which are entered into Alaska, Hawaii, Puerto Rico, Guam, American Samoa or the Virgin Islands and which are not to be forwarded or transhipped within the United States may be imported through the following ports: Alaska—Juneau, Anchorage, Fairbanks Hawaii—Honolulu Puerto Rico—San Juan Guam—Honolulu, Hi. American Samoa—Honolulu, Hi. Virgin Islands—San Juan, P.R. Alaska—Juneau, Anchorage, Fairbanks Hawaii—Honolulu Puerto Rico—San Juan Guam—Honolulu, Hi. American Samoa—Honolulu, Hi. Virgin Islands—San Juan, P.R. (d) Importers are advised to see 50 CFR part 14 for importation requirements and information. | |||
| 50:50:10.0.1.3.2.6.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | § 216.71 Allowable take of fur seals. | NOAA | [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] | Pribilovians may take fur seals on the Pribilof Islands if such taking is (a) For subsistence uses, and (b) Not accomplished in a wasteful manner. | |||
| 50:50:10.0.1.3.2.6.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | § 216.72 Restrictions on subsistence use of fur seals. | NOAA | [51 FR 24840, July 9, 1986, as amended at 57 FR 33902, July 31, 1992; 59 FR 35474, July 12, 1994. Redesignated at 61 FR 11750, Mar. 22, 1996, as amended at 79 FR 65337, Nov. 4, 2014; 84 FR 52382, Oct. 2, 2019; 85 FR 15948, Mar. 20, 2020] | (a) The harvests of seals on St. Paul and St. George Islands shall be treated independently for the purposes of this section. Any suspension, termination, or extension of the harvest is applicable only to the island for which it is issued. (b)-(c)[Reserved] (d) St. George Island. The subsistence fur seal harvest restrictions described in paragraphs (d)(1) through (5) of this section apply exclusively to the harvest of sub-adult fur seals; restrictions that apply exclusively to the harvest of young of the year fur seals can be found in paragraphs (d)(6) through (11) of this section. For the taking of fur seals for subsistence uses, Pribilovians on St. George Island may harvest up to a total of 500 male fur seals per year over the course of both the sub-adult male harvest and the male young of the year harvest. Pribilovians are authorized each year up to three mortalities of female fur seals associated with the subsistence seasons. Any female fur seal mortalities will be included in the total authorized subsistence harvest of 500 fur seals per year. (1) Pribilovians may only harvest sub-adult male fur seals 124.5 centimeters or less in length from June 23 through August 8 annually on St. George Island. (2) Pribilovians may harvest sub-adult male fur seals at the hauling grounds shown in Figure 1 to part 216. No hauling ground may be harvested more than twice per week. (3) [Reserved] (4) The scheduling of the sub-adult male harvest is at the discretion of the Pribilovians, but must be such as to minimize stress to the harvested seals. The Pribilovians must give adequate advance notice of their harvest schedules to the NMFS representatives to allow for necessary monitoring activities. No fur seal may be taken except by experienced sealers using the traditional harvesting methods, including stunning followed immediately by exsanguination. The harvesting method shall include organized drives of sub-adult male fur seals to killing fields, unless the NMFS representatives determine, in consultation with the Pribil… | |||
| 50:50:10.0.1.3.2.6.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | § 216.73 Disposition of fur seal parts. | NOAA | [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] | Except for transfers to other Alaskan Natives for barter or sharing for personal or family consumption, no part of a fur seal taken for subsistence uses may be sold or otherwise transferred to any person unless it is a nonedible byproduct which: (a) Has been transformed into an article of handicraft, or (b) Is being sent by an Alaskan Native directly, or through a registered agent, to a tannery registered under 50 CFR 216.23(c) for the purpose of processing, and will be returned directly to the Alaskan Native for conversion into an article of handicraft, or (c) Is being sold or transferred to an Alaskan Native, or to an agent registered under 50 CFR 216.23(c) for resale or transfer to an Alaskan Native, who will convert the seal part into a handicraft. | |||
| 50:50:10.0.1.3.2.6.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | F | Subpart F—Pribilof Islands, Taking for Subsistence Purposes | § 216.74 Cooperation between fur seal subsistence users, tribal and Federal officials. | NOAA | [84 FR 52383, Oct. 2, 2019, as amnded at 85 FR 15948, Mar. 20, 2020] | Federal scientists and Pribilovians cooperatively manage the subsistence use of northern fur seals under section 119 of the Marine Mammal Protection Act (16 U.S.C. 1388). The federally recognized tribes on the Pribilof Islands have signed agreements describing a shared interest in the conservation and management of fur seals and the designation of co-management councils that meet and address the purposes of the co-management agreements for representatives from NMFS, St. George and St. Paul tribal governments. NMFS representatives are responsible for compiling information related to sources of human-caused mortality and serious injury of marine mammals. The Pribilovians are responsible for reporting their subsistence needs and actual level of subsistence take. This information is used to update stock assessment reports and make determinations under § 216.72. Pribilovians who take fur seals for subsistence uses collaborate with NMFS representatives and the respective Tribal representatives to consider best subsistence use practices under co-management and to facilitate scientific research. | |||
| 50:50:10.0.1.3.2.7.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.81 Visits to fur seal rookeries. | NOAA | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | From June 1 to October 15 of each year, no person, except those authorized by a representative of the National Marine Fisheries Service, or accompanied by an authorized employee of the National Marine Fisheries Service, shall approach any fur seal rookery or hauling grounds nor pass beyond any posted sign forbidding passage. | |||
| 50:50:10.0.1.3.2.7.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.82 Dogs prohibited. | NOAA | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | In order to prevent molestation of fur seal herds, the landing of any dogs at Pribilof Islands is prohibited. | |||
| 50:50:10.0.1.3.2.7.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.83 Importation of birds or mammals. | NOAA | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | No mammals or birds, except household cats, canaries and parakeets, shall be imported to the Pribilof Islands without the permission of an authorized representative of the National Marine Fisheries Service. | |||
| 50:50:10.0.1.3.2.7.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.84 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.2.7.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.85 Walrus and Otter Islands. | NOAA | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | By Executive Order 1044, dated February 27, 1909, Walrus and Otter Islands were set aside as bird reservations. All persons are prohibited to land on these islands except those authorized by the appropriate representative of the National Marine Fisheries Service. | |||
| 50:50:10.0.1.3.2.7.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.86 Local regulations. | NOAA | [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] | Local regulations will be published from time to time and will be brought to the attention of local residents and persons assigned to duty on the Islands by posting in public places and brought to the attention of tourists by personal notice. | |||
| 50:50:10.0.1.3.2.7.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Pribilof Islands Administration | § 216.87 Wildlife research. | NOAA | [43 FR 5521, Feb. 9, 1978. Redesignated at 61 FR 11750, Mar. 22, 1996] | (a) Wildlife research, other than research on North Pacific fur seals, including specimen collection, may be permitted on the Pribilof Islands subject to the following conditions: (1) Any person or agency, seeking to conduct such research shall first obtain any Federal or State of Alaska permit required for the type of research involved. (2) Any person seeking to conduct such research shall obtain prior approval of the Director, Pribilof Islands Program, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, 1700 Westlake Avenue North, Seattle, WA 98109, by filing with the Director an application which shall include: (i) Copies of the required Federal and State of Alaska permits; and (ii) A resume of the intended research program. (3) All approved research shall be subject to all regulations and administrative procedures in effect on the Pribilof Islands, and such research shall not commence until approval from the Director is received. (4) Any approved research program shall be subject to such terms and conditions as the Director, Pribilof Islands Program deems appropriate. (5) Permission to utilize the Pribilof Islands to conduct an approved research program may be revoked by the Director, Pribilof Islands Program at any time for noncompliance with any terms and conditions, or for violations of any regulation or administrative procedure in effect on the Pribilof Islands. | |||
| 50:50:10.0.1.3.2.8.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.90 Purposes. | NOAA | [69 FR 55307, Sept. 13, 2004] | This subpart governs the requirements for using the official mark described in § 216.95 or an alternative mark that refers to dolphins, porpoises, or marine mammals, to label tuna or tuna products offered for sale in or exported from the United States using the term dolphin-safe or suggesting the tuna were harvested in a manner not injurious to dolphins. | |||
| 50:50:10.0.1.3.2.8.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.91 Dolphin-safe labeling standards. | NOAA | [81 FR 15448, Mar. 23, 2016, as amended at 81 FR 15449, Mar. 23, 2016; 83 FR 3626, Jan. 26, 2018] | (a) It is a violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer, exporter, wholesaler/distributor, or seller of any tuna products that are exported from or offered for sale in the United States to include on the label of those products the term “dolphin-safe” or any other term or symbol that claims or suggests that the tuna contained in the products were harvested using a method of fishing that is not harmful to dolphins if the products contain tuna harvested: (1) ETP large purse seine vessel. In the ETP by a purse seine vessel of greater than 400 st (362.8 mt) carrying capacity unless: (i) The documentation requirements for dolphin-safe tuna under §§ 216.92 and 216.93 are met; (ii) No dolphins were killed or seriously injured during the sets in which the tuna were caught; and (iii) None of the tuna were caught on a trip using a purse seine net intentionally deployed on or to encircle dolphins, provided that this paragraph (a)(1)(iii) will not apply if the Assistant Administrator publishes a notification in the Federal Register announcing a finding under 16 U.S.C. 1385(g)(2) that the intentional deployment of purse seine nets on or encirclement of dolphins is not having a significant adverse impact on any depleted stock. (2) Driftnet. By a vessel engaged in large-scale driftnet fishing; or (3) Other fisheries. By a vessel in a fishery other than one described in paragraph (a)(1) or (2) of this section unless such product is accompanied as described in § 216.93(d), (e), or (f), as appropriate, by: (i) For tuna caught in a purse seine fishery outside the ETP by a vessel on a fishing trip that began before July 13, 2013, a written statement executed by the Captain of the vessel certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular trip on which the tuna was harvested. (ii) For tuna caught by a vessel on a fishing trip that began on or after July 13, 2013, and before May 21, 2016, a written s… | |||
| 50:50:10.0.1.3.2.8.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.92 Dolphin-safe requirements for tuna harvested in the ETP by large purse seine vessels. | NOAA | [69 FR 55307, Sept. 13, 2004, as amended at 74 FR 1617, Jan. 13, 2009] | (a) U.S. vessels. Tuna products that contain tuna harvested by U.S. flag purse seine vessels of greater than 400 st (362.8 mt) carrying capacity in the ETP may be labeled dolphin-safe only if the following requirements are met: (1) Tuna Tracking Forms containing a complete record of all the fishing activities on the trip, certified by the vessel Captain and the observer, are submitted to the Administrator, Southwest Region, at the end of the fishing trip during which the tuna was harvested; (2) The tuna is delivered for processing to a U.S. tuna processor in a plant located in one of the 50 states, Puerto Rico, or American Samoa that is in compliance with the tuna tracking and verification requirements of § 216.93; and (3) The tuna or tuna products meet the dolphin-safe labeling standards under § 216.91. (b) Imported tuna. (1) Yellowfin tuna or tuna products harvested in the ETP by vessels of greater than 400 st (362.8 mt) carrying capacity and presented for import into the United States may be labeled dolphin-safe only if the yellowfin tuna was harvested by a U.S. vessel fishing in compliance with the requirements of the IDCP and applicable U.S. law, or by a vessel belonging to a nation that has obtained an affirmative finding under § 216.24(f)(8). (2) Tuna or tuna products, other than yellowfin tuna, harvested in the ETP by purse seine vessels of greater than 400 st (362.8 mt) carrying capacity and presented for import into the United States may be labeled dolphin-safe only if: (i) The tuna was harvested by a U.S. vessel fishing in compliance with the requirements of the IDCP and applicable U.S. law, or by a vessel belonging to a nation that is a Party to the Agreement on the IDCP or has applied to become a Party and is adhering to all the requirements of the Agreement on the IDCP Tuna Tracking and Verification Plan; (ii) The tuna or tuna products are accompanied as described in § 216.24(f)(3) by a properly completed FCO; and (iii) The tuna or tuna products are accompanied as described in § 216.24(f… | |||
| 50:50:10.0.1.3.2.8.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.93 Tracking and verification program. | NOAA | [78 FR 41002, July 9, 2013, as amended at 81 FR 51133, Aug. 3, 2016] | The Administrator, Southwest Region, has established a national tracking and verification program to accurately document the dolphin-safe condition of tuna, under the standards set forth in §§ 216.91 and 216.92. The tracking program includes procedures and reports for use when importing tuna into the United States and during U.S. fishing, processing, and marketing in the United States and abroad. Verification of tracking system operations is attained through the establishment of audit and document review requirements. The tracking program is consistent with the international tuna tracking and verification program adopted by the Parties to the Agreement on the IDCP. (a) Tuna tracking forms. Whenever a U.S. flag tuna purse seine vessel of greater than 400 st (362.8 mt) carrying capacity fishes in the ETP, IDCP approved Tuna Tracking Forms (TTFs), bearing a unique number assigned to that trip, are used by the observer to record every set made during that trip. One TTF is used to record dolphin-safe sets and a second TTF is used to record non-dolphin-safe sets. The information entered on the TTFs following each set includes the date, well number, weights by species composition, estimated tons loaded, and additional notes, if any. The observer and the vessel engineer initial the entry as soon as possible following each set, and the vessel captain and observer review and sign both TTFs at the end of the fishing trip certifying that the information on the forms is accurate. TTFs are confidential official documents of the IDCP, consistent with Article XVIII of the Agreement on the IDCP, and the Agreement on the IDCP Rules of Confidentiality. (b) Dolphin-Safe Certification. Upon request, the Office of the Administrator, Southwest Region, will provide written certification that tuna harvested by U.S. purse seine vessels greater than 400 st (362.8 mt) carrying capacity is dolphin-safe, but only if NMFS' review of the TTFs for the subject trip shows that the tuna for which the certification is requested is dolphin-safe… | |||
| 50:50:10.0.1.3.2.8.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.94 False statements or endorsements. | NOAA | [61 FR 27794, June 3, 1996. Redesignated at 69 FR 55307, Sept. 13, 2004] | Any person who knowingly and willfully makes a false statement or false endorsement required by § 216.92 is liable for a civil penalty not to exceed $100,000, that may be assessed in an action brought in any appropriate District Court of the United States on behalf of the Secretary. | |||
| 50:50:10.0.1.3.2.8.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | H | Subpart H—Dolphin Safe Tuna Labeling | § 216.95 Official mark for “Dolphin-safe” tuna products. | NOAA | [65 FR 34410, May 30, 2000. Redesignated at 69 FR 55307, Sept. 13, 2004, as amended at 83 FR 3626, Jan. 26, 2018] | (a) This is the “official mark” (see figure 1) designated by the United States Department of Commerce that may be used to label tuna products that meet the “dolphin-safe” standards set forth in the Dolphin Protection Consumer Information Act, 16 U.S.C. 1385, and implementing regulations at §§ 216.91 through 216.94: (b) Location and size of the official mark. The official mark on labels must allow the consumer to identify the official mark and be similar in design and scale to figure 1. A full color version of the official mark is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/dolphin-safe-official-mark. | |||
| 50:50:10.0.1.3.2.9.1.1 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.101 Purpose. | NOAA | The regulations in this subpart implement section 101(a)(5) (A) through (D) of the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for allowing, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographic region. | ||||
| 50:50:10.0.1.3.2.9.1.2 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.102 Scope. | NOAA | The taking of small numbers of marine mammals under section 101(a)(5) (A) through (D) of the Marine Mammal Protection Act may be allowed only if the National Marine Fisheries Service: (a) Finds, based on the best scientific evidence available, that the total taking by the specified activity during the specified time period will have a negligible impact on species or stock of marine mammal(s) and will not have an unmitigable adverse impact on the availability of those species or stocks of marine mammals intended for subsistence uses; (b) Prescribes either regulations under § 216.106, or requirements and conditions contained within an incidental harassment authorization issued under § 216.107, setting forth permissible methods of taking and other means of effecting the least practicable adverse impact on the species or stock of marine mammal and its habitat and on the availability of the species or stock of marine mammal for subsistence uses, paying particular attention to rookeries, mating grounds, and areas of similar significance; and (c) Prescribes either regulations or requirements and conditions contained within an incidental harassment authorization, as appropriate, pertaining to the monitoring and reporting of such taking. The specific regulations governing certain specified activities are contained in subsequent subparts of this part. | ||||
| 50:50:10.0.1.3.2.9.1.3 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.103 Definitions. | NOAA | In addition to definitions contained in the MMPA, and in § 216.3, and unless the context otherwise requires, in subsequent subparts to this part: Arctic waters means the marine and estuarine waters north of 60° N. lat. Citizens of the United States and U.S. citizens mean individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13). U.S. Federal, state and local government agencies shall also constitute citizens of the United States for purposes of this part. Incidental harassment, incidental taking and incidental, but not intentional, taking all mean an accidental taking. This does not mean that the taking is unexpected, but rather it includes those takings that are infrequent, unavoidable or accidental. (A complete definition of “take” is contained in § 216.3). Negligible impact is an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Small numbers means a portion of a marine mammal species or stock whose taking would have a negligible impact on that species or stock. Specified activity means any activity, other than commercial fishing, that takes place in a specified geographical region and potentially involves the taking of small numbers of marine mammals. Specified geographical region means an area within which a specified activity is conducted and that has certain biogeographic characteristics. Unmitigable adverse impact means an impact resulting from the specified activity: (1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by: (i) Causing the marine mammals to abandon or avoid hunting areas; (ii) Directly displacing subsistence users; or (iii) Placing physical barriers between the marine mammals and the subsistence hunters; and (2) That ca… | ||||
| 50:50:10.0.1.3.2.9.1.4 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.104 Submission of requests. | NOAA | (a) In order for the National Marine Fisheries Service to consider authorizing the taking by U.S. citizens of small numbers of marine mammals incidental to a specified activity (other than commercial fishing), or to make a finding that an incidental take is unlikely to occur, a written request must be submitted to the Assistant Administrator. All requests must include the following information for their activity: (1) A detailed description of the specific activity or class of activities that can be expected to result in incidental taking of marine mammals; (2) The date(s) and duration of such activity and the specific geographical region where it will occur; (3) The species and numbers of marine mammals likely to be found within the activity area; (4) A description of the status, distribution, and seasonal distribution (when applicable) of the affected species or stocks of marine mammals likely to be affected by such activities; (5) The type of incidental taking authorization that is being requested (i.e., takes by harassment only; takes by harassment, injury and/or death) and the method of incidental taking; (6) By age, sex, and reproductive condition (if possible), the number of marine mammals (by species) that may be taken by each type of taking identified in paragraph (a)(5) of this section, and the number of times such takings by each type of taking are likely to occur; (7) The anticipated impact of the activity upon the species or stock of marine mammal; (8) The anticipated impact of the activity on the availability of the species or stocks of marine mammals for subsistence uses; (9) The anticipated impact of the activity upon the habitat of the marine mammal populations, and the likelihood of restoration of the affected habitat; (10) The anticipated impact of the loss or modification of the habitat on the marine mammal populations involved; (11) The availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting … | ||||
| 50:50:10.0.1.3.2.9.1.5 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.105 Specific regulations. | NOAA | (a) For all petitions for regulations under this paragraph, applicants must provide the information requested in § 216.104(a) on their activity as a whole, which includes, but is not necessarily limited to, an assessment of total impacts by all persons conducting the activity. (b) For allowed activities that may result in incidental takings of small numbers of marine mammals by harassment, serious injury, death or a combination thereof, specific regulations shall be established for each allowed activity that set forth: (1) Permissible methods of taking; (2) Means of effecting the least practicable adverse impact on the species and its habitat and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting, including requirements for the independent peer-review of proposed monitoring plans where the proposed activity may affect the availability of a species or stock for taking for subsistence uses. (c) Regulations will be established based on the best available information. As new information is developed, through monitoring, reporting, or research, the regulations may be modified, in whole or in part, after notice and opportunity for public review. | ||||
| 50:50:10.0.1.3.2.9.1.6 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.106 Letter of Authorization. | NOAA | (a) A Letter of Authorization, which may be issued only to U.S. citizens, is required to conduct activities pursuant to any regulations established under § 216.105. Requests for Letters of Authorization shall be submitted to the Director, Office of Protected Resources. The information to be submitted in a request for an authorization will be specified in the appropriate subpart to this part or may be obtained by writing to the above named person. (b) Issuance of a Letter of Authorization will be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations. (c) Letters of Authorization will specify the period of validity and any additional terms and conditions appropriate for the specific request. (d) Notice of issuance of all Letters of Authorization will be published in the Federal Register within 30 days of issuance. (e) Letters of Authorization shall be withdrawn or suspended, either on an individual or class basis, as appropriate, if, after notice and opportunity for public comment, the Assistant Administrator determines that: (1) The regulations prescribed are not being substantially complied with; or (2) The taking allowed is having, or may have, more than a negligible impact on the species or stock or, where relevant, an unmitigable adverse impact on the availability of the species or stock for subsistence uses. (f) The requirement for notice and opportunity for public review in § 216.106(e) shall not apply if the Assistant Administrator determines that an emergency exists that poses a significant risk to the wellbeing of the species or stocks of marine mammals concerned. (g) A violation of any of the terms and conditions of a Letter of Authorization or of the specific regulations shall subject the Holder and/or any individual who is operating under the authority of the Holder's Letter of Authorization to penalties provided in the MMPA. | ||||
| 50:50:10.0.1.3.2.9.1.7 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.107 Incidental harassment authorization for Arctic waters. | NOAA | (a) Except for activities that have the potential to result in serious injury or mortality, which must be authorized under § 216.105, incidental harassment authorizations may be issued, following a 30-day public review period, to allowed activities that may result in only the incidental harassment of a small number of marine mammals. Each such incidental harassment authorization shall set forth: (1) Permissible methods of taking by harassment; (2) Means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting, including requirements for the independent peer-review of proposed monitoring plans where the proposed activity may affect the availability of a species or stock for taking for subsistence uses. (b) Issuance of an incidental harassment authorization will be based on a determination that the number of marine mammals taken by harassment will be small, will have a negligible impact on the species or stock of marine mammal(s), and will not have an unmitigable adverse impact on the availability of species or stocks for taking for subsistence uses. (c) An incidental harassment authorization will be either issued or denied within 45 days after the close of the public review period. (d) Notice of issuance or denial of an incidental harassment authorization will be published in the Federal Register within 30 days of issuance of a determination. (e) Incidental harassment authorizations will be valid for a period of time not to exceed 1 year but may be renewed for additional periods of time not to exceed 1 year for each reauthorization. (f) An incidental harassment authorization shall be modified, withdrawn, or suspended if, after notice and opportunity for public comment, the Assistant Administrator determines that: (1) The conditions and requirements prescribed in the authorization are not being substantially complied with; or (2) The authorized taking, either individually … | ||||
| 50:50:10.0.1.3.2.9.1.8 | 50 | Wildlife and Fisheries | II | C | 216 | PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | I | Subpart I—General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities | § 216.108 Requirements for monitoring and reporting under incidental harassment authorizations for Arctic waters. | NOAA | (a) Holders of an incidental harassment authorization in Arctic waters and their employees, agents, and designees must cooperate with the National Marine Fisheries Service and other designated Federal, state, or local agencies to monitor the impacts of their activity on marine mammals. Unless stated otherwise within an incidental harassment authorization, the holder of an incidental harassment authorization effective in Arctic waters must notify the Alaska Regional Director, National Marine Fisheries Service, of any activities that may involve a take by incidental harassment in Arctic waters at least 14 calendar days prior to commencement of the activity. (b) Holders of incidental harassment authorizations effective in Arctic waters may be required by their authorization to designate at least one qualified biological observer or another appropriately experienced individual to observe and record the effects of activities on marine mammals. The number of observers required for monitoring the impact of the activity on marine mammals will be specified in the incidental harassment authorization. If observers are required as a condition of the authorization, the observer(s) must be approved in advance by the National Marine Fisheries Service. (c) The monitoring program must, if appropriate, document the effects (including acoustical) on marine mammals and document or estimate the actual level of take. The requirements for monitoring plans, as specified in the incidental harassment authorization, may vary depending on the activity, the location, and the time. (d) Where the proposed activity may affect the availability of a species or stock of marine mammal for taking for subsistence purposes, proposed monitoring plans or other research proposals must be independently peer-reviewed prior to issuance of an incidental harassment authorization under this subpart. In order to complete the peer-review process within the time frames mandated by the MMPA for an incidental harassment authorization, a proposed monitoring plan … |
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