[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: 50CFR216.35]



[Page 41-42]

 

                    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. 216.35  Permit restrictions.



    The following restrictions shall apply to all permits issued under 

this subpart:

    (a) The taking, importation, export, or other permitted activity 

involving marine mammals and marine mammal parts shall comply with the 

regulations of this subpart.

    (b) The maximum period of any special exception permit issued, or 

any major amendment granted, is five years from the effective date of 

the permit or major amendment. In accordance with the provisions of 

Sec. 216.39, the period of a permit may be extended by a minor 

amendment up to 12 months beyond that established in the original 

permit.

    (c) Except as provided for in Sec. 216.41(c)(1)(v), marine mammals 

or marine mammal parts imported under the authority of a permit must be 

taken or imported in a humane manner, and in compliance with the Acts 

and any applicable foreign law. Importation of marine mammals and marine 

mammal parts is subject to the provisions of 50 CFR part 14.

    (d) The permit holder shall not take from the wild any marine mammal 

which at the time of taking is either unweaned or less than eight months 

old, or is a part of a mother-calf/pup pair, unless such take is 

specifically authorized in the conditions of the special exception 

permit. Additionally, the permit holder shall not import any marine 

mammal that is pregnant or lactating at the time of taking or import, or 

is unweaned or less than eight months old unless such import is 

specifically authorized in the conditions of the special exception 

permit.

    (e) Captive marine mammals shall not be released into the wild 

unless specifically authorized by the Office Director under a scientific 

research or enhancement permit.

    (f) The permit holder is responsible for all activities of any 

individual who is operating under the authority of the permit;

    (g) Individuals conducting activities authorized under the permit 

must possess qualifications commensurate with their duties and 

responsibilities, or must be under the direct supervision of a person 

with such qualifications;



[[Page 42]]



    (h) Persons who require state or Federal licenses to conduct 

activities authorized under the permit must be duly licensed when 

undertaking such activities;

    (i) Special exception permits are not transferable or assignable to 

any other person, and a permit holder may not require any direct or 

indirect compensation from another person in return for requesting 

authorization for such person to conduct the taking, import, or export 

activities authorized under the subject permit;

    (j) The permit holder or designated agent shall possess a copy of 

the permit when engaged in a permitted activity, when the marine mammal 

is in transit incidental to such activity, and whenever marine mammals 

or marine mammal parts are in the possession of the permit holder or 

agent. A copy of the permit shall be affixed to any container, package, 

enclosure, or other means of containment, in which the marine mammals or 

marine mammal parts are placed for purposes of transit, supervision, or 

care. For marine mammals held captive and marine mammal parts in 

storage, a copy of the permit shall be kept on file in the holding or 

storage facility.



[61 FR 21936, May 10, 1996]