[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: 50CFR216.34]



[Page 41]

 

                    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 D_Special Exceptions

 

Sec. 216.34  Issuance criteria.



    (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 Sec. 216.35 and any purpose-specific restrictions as 

appropriate set forth at Sec. 216.41, Sec. 216.42, and Sec. 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.



[61 FR 21936, May 10, 1996]