[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: 50CFR216.37]



[Page 42-43]

 

                    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. 216.37  Marine mammal parts.



    With respect to marine mammal parts acquired by take or import 

authorized under a permit issued under this subpart:

    (a) Marine mammal parts are transferrable if:

    (1) The person transferring the part receives no remuneration of any 

kind for the marine mammal part;

    (2) The person receiving the marine mammal part is:

    (i) An employee of NMFS, the U.S. Fish and Wildlife Service, or any 

other governmental agency with conservation and management 

responsibilities, who receives the part in the course of their official 

duties;

    (ii) A holder of a special exception permit which authorizes the 

take, import, or other activity involving the possession of a marine 

mammal part of the same species as the subject part; or

    (iii) In the case of marine mammal parts from a species that is not 

depleted, endangered or threatened, a person who is authorized under 

section 112(c) of the MMPA and subpart C of this part to take or import 

marine mammals or marine mammal parts;

    (iv) Any other person specifically authorized by the Regional 

Director, consistent with the requirements of paragraphs (a)(1) and 

(a)(3) through (6) of this section.

    (3) The marine mammal part is transferred for the purpose of 

scientific research, maintenance in a properly curated, professionally 

accredited scientific collection, or education, provided that, for 

transfers for educational purposes, the recipient is a museum, 

educational institution or equivalent that will ensure that the part is 

available to the public as part of an educational program;

    (4) A unique number assigned by the permit holder is marked on or 

affixed to the marine mammal part or container;



[[Page 43]]



    (5) The person receiving the marine mammal part agrees that, as a 

condition of receipt, subsequent transfers may only occur subject to the 

provisions of paragraph (a) of this section; and

    (6) Within 30 days after the transfer, the person transferring the 

marine mammal part notifies the Regional Director of the transfer, 

including a description of the part, the person to whom the part was 

transferred, the purpose of the transfer, certification that the 

recipient has agreed to comply with the requirements of paragraph (a) of 

this section for subsequent transfers, and, if applicable, the 

recipient's permit number.

    (b) Marine mammal parts may be loaned to another person for a 

purpose described in paragraph (a)(3) of this section and without the 

agreement and notification required under paragraphs (a)(5) and (6) of 

this section, if:

    (1) A record of the loan is maintained; and

    (2) The loan is for not more than one year. Loans for a period 

greater than 12 months, including loan extensions or renewals, require 

notification of the Regional Director under paragraph (a)(6).

    (c) Unless other disposition is specified in the permit, a holder of 

a special exception permit may retain marine mammal parts not destroyed 

or otherwise disposed of during or after a scientific research or 

enhancement activity, if such marine mammal parts are:

    (1) Maintained as part of a properly curated, professionally 

accredited collection; or

    (2) Made available for purposes of scientific research or 

enhancement at the request of the Office Director.

    (d) Marine mammal parts may be exported and subsequently reimported 

by a permit holder or subsequent authorized recipient, for the purpose 

of scientific research, maintenance in a properly curated, 

professionally accredited scientific collection, or education, provided 

that:

    (1) The permit holder or other person receives no remuneration for 

the marine mammal part;

    (2) A unique number assigned by the permit holder is marked on or 

affixed to the marine mammal specimen or container;

    (3) The marine mammal part is exported or reimported in compliance 

with all applicable domestic and foreign laws;

    (4) If exported or reimported for educational purposes, the 

recipient is a museum, educational institution, or equivalent that will 

ensure that the part is available to the public as part of an 

educational program; and

    (5) Special reports are submitted within 30 days after both export 

and reimport as required by the Office Director under Sec. 216.38.



[61 FR 21937, May 10, 1996]