[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: 50CFR216.14]



[Page 14-15]

 

                    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. 216.14  Marine mammals taken before the MMPA.



    (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.



    (b) Either one of two exhibits shall be attached to such affidavit, 

and will contain either:

    (1) Records or other available evidence showing that the product 

consists of or is composed in whole or in part of marine mammals taken 

prior to the effective date of the MMPA. Such records or other 

evidentiary material must include information on how, when, where, and 

by whom the animals were taken, what processing has taken place since 

taking, and the date and location of such processing; or

    (2) A statement from a government agency of the country of origin 

exercising jurisdiction over marine mammals that any and all such 

mammals from which the products sought to be imported were derived were 

taken prior to December 21, 1972.

    (c) No pre-Act marine mammal or pre-Act marine mammal product may be 

imported unless the requirements of this section have been fulfilled.



[[Page 15]]



    (d) This section has no application to any marine mammal or marine 

mammal product intended to be imported pursuant to Sec. Sec. 216.21, 

216.31 or Sec. 216.32.



[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 

1994]