[Code of Federal Regulations]
[Title 50, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR223.201]

[Page 111-112]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                      SERVICE, NATIONAL OCEANIC AND
                       ATMOSPHERIC ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES--Table of Contents
 
 Subpart B--Restrictions Applicable to Threatened Marine and Anadromous 
                                 Species
 
Sec. 223.201  Guadalupe fur seal.


    (a) Prohibitions. The prohibitions of section 9 of the Act (16 
U.S.C. 1538) relating to endangered species apply to the Guadalupe fur 
seal except as provided in paragraph (b) of this section.
    (b) Exceptions. (1) The Assistant Administrator may issue permits 
authorizing activities which would otherwise be prohibited under 
paragraph (a) of this section in accordance with the subject to the 
provisions of part 222 subpart C--General Permit Procedures.
    (2) Any Federal, State or local government official, employee, or 
designated agent may, in the course of official duties, take a stranded 
Guadalupe fur seal without a permit if such taking:
    (i) Is accomplished in a humane manner;
    (ii) Is for the protection or welfare of the animal, is for the 
protection of the public health or welfare, or is for the salvage or 
disposal of a dead specimen;
    (iii) Includes steps designed to ensure the return of the animal to 
its natural habitat, if feasible; and
    (iv) Is reported within 30 days to the Regional Administrator, 
Southwest Region, National Marine Fisheries Service, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802.
    (3) Any animal or specimen taken under paragraph (b)(2) of this 
section may only be retained, disposed of, or

[[Page 112]]

salvaged in accordance with directions from the Director, Southwest 
Region.

[50 FR 51258, Dec. 16, 1985. Redesignated and amended at 64 FR 14068, 
Mar. 23, 1999]