[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: 50CFR216.12]



[Page 13-14]

 

                    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 B_Prohibitions

 

Sec. 216.12  Prohibited importation.



    (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 Sec. Sec. 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.



[[Page 14]]



    (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.



[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]