[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR216.1]



[Page 5-6]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 

           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

 

PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

--Table of Contents

 

                         Subpart A_Introduction

 

Sec. 216.1  Purpose of regulations.









                         Subpart A_Introduction



Sec.

216.1 Purpose of regulations.

216.2 Scope of regulations.

216.3 Definitions.

216.4 Other laws and regulations.

216.5 Payment of penalty.

216.6 Forfeiture and return of seized property.

216.7 Holding and bonding.

216.8 Enforcement officers.



                         Subpart B_Prohibitions



216.11 Prohibited taking.

216.12 Prohibited importation.

216.13 Prohibited uses, possession, transportation, sales, and permits.

216.14 Marine mammals taken before the MMPA.

216.15 Depleted species.

216.16 Prohibitions under the General Authorization for Level B 

          harassment for scientific research.

216.17 General prohibitions.



                      Subpart C_General Exceptions



216.21 Actions permitted by international treaty, convention, or 

          agreement.

216.22 Taking by State or local government officials.

216.23 Native exceptions.

216.24 Taking and related acts incidental to commercial fishing 

          operations by tuna purse seine vessels in the eastern tropical 

          Pacific Ocean.

216.25 Exempted marine mammals and marine mammal products.

216.26 Collection of certain marine mammal parts without prior 

          authorization.

216.27 Release, non-releasability, and disposition under special 

          exception permits for rehabilitated marine mammals.



                      Subpart D_Special Exceptions



216.30 [Reserved]

216.31 Definitions.

216.32 Scope.

216.33 Permit application submission, review, and decision procedures.

216.34 Issuance criteria.

216.35 Permit restrictions.

216.36 Permit conditions.

216.37 Marine mammal parts.

216.38 Reporting.

216.39 Permit amendments.

216.40 Penalties and permit sanctions.

216.41 Permits for scientific research and enhancement.

216.42 Photography. [Reserved]

216.43 Public display. [Reserved]

216.44 Applicability/transition.

216.45 General Authorization for Level B harassment for scientific 

          research.

216.46 U.S. citizens on foreign flag vessels operating under the 

          International Dolphin Conservation Program.

216.47 Access to marine mammal tissue, analyses, and data.

216.48-216.49 [Reserved]



                       Subpart E_Designated Ports



216.50 Importation at designated ports.



       Subpart F_Pribilof Islands, Taking for Subsistence Purposes



216.71 Allowable take of fur seals.

216.72 Restrictions on taking.

216.73 Disposition of fur seal parts.

216.74 Cooperation with Federal officials.



                Subpart G_Pribilof Islands Administration



216.81 Visits to fur seal rookeries.

216.82 Dogs prohibited.

216.83 Importation of birds or mammals.

216.84 [Reserved]

216.85 Walrus and Otter Islands.

216.86 Local regulations.

216.87 Wildlife research.



                  Subpart H_Dolphin Safe Tuna Labeling



216.90 Purposes.

216.91 Dolphin-safe labeling standards.

216.92 Dolphin-safe requirements for tuna harvested in the ETP by large 

          purse seine vessels.

216.93 Tracking and verification program.

216.94 False statements or endorsements.

216.95 Official mark for ``Dolphin-safe'' tuna products.



 Subpart I_General Regulations Governing Small Takes of Marine Mammals 

                   Incidental to Specified Activities



216.101 Purpose.



[[Page 6]]



216.102 Scope.

216.103 Definitions.

216.104 Submission of requests.

216.105 Specific regulations.

216.106 Letter of Authorization.

216.107 Incidental harassment authorization for Arctic waters.

216.108 Requirements for monitoring and reporting under incidental 

          harassment authorizations for Arctic waters.



Subpart J [Reserved]



Subpart K_Taking of Marine Mammals Incidental to Space Vehicle and Test 

                            Flight Activities



216.120 Specified activity and specified geographical region.

216.121 Effective dates.

216.122 Permissible methods of taking.

216.123 Prohibitions.

216.124 Mitigation.

216.125 Requirements for monitoring and reporting.

216.126 Applications for Letters of Authorization.

216.127 Renewal of Letters of Authorization.

216.128 Modifications of Letters of Authorization.



Subparts L-M [Reserved]



    Subpart N_Taking of Marine Mammals Incidental to Missile Launch 

                 Operations from San Nicolas Island, CA



216.151 Specified activity, geographical region, and incidental take 

          levels.

216.152 Effective dates.

216.153 Permissible methods of taking; mitigation.

216.154 Prohibitions.

216.155 Requirements for monitoring and reporting.

216.156 Letter of Authorization.

216.157 Renewal of the Letter of Authorization.

216.158 Modifications to the Letter of Authorization.



Subpart O [Reserved]



    Subpart P_Taking of Marine Mammals Incidental to Operating a Low 

   Frequency Acoustic Source by the North Pacific Acoustic Laboratory



216.170 Specified activity and specified geographical region.

216.171 Effective dates.

216.172 Permissible methods of taking.

216.173 Prohibitions.

216.174 Mitigation.

216.175 Requirements for monitoring and reporting.

216.176 Letter of authorization.

216.177 Renewal of a letter of authorization.

216.178 Modifications to a letter of authorization.



  Subpart Q_Taking of Marine Mammals Incidental to Navy Operations of 

  Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 

                               LFA) Sonar



216.180 Specified activity and specified geographical region.

216.181 Effective dates.

216.182 Permissible methods of taking.

216.183 Prohibitions.

216.184 Mitigation.

216.185 Requirements for monitoring.

216.186 Requirements for reporting.

216.187 Applications for Letters of Authorization.

216.188 Letters of Authorization.

216.189 Renewal of Letters of Authorization.

216.190 Modifications to Letters of Authorization.

216.191 Designation of Biologically Important Marine Mammal Areas.

    Note to part 216: See also 50 CFR parts 228 and 229 for regulations 

governing certain incidental takings of marine mammals.



    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.



    Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.







    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.