50 C.F.R. Subpart B—Prohibitions
Title 50 - Wildlife and Fisheries
Except as otherwise provided in subpart C, D, or H of this part 18, or part 403, it is unlawful for: (a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or (b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States. [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] (a) Except as otherwise provided in subparts C and D of this part 18, 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 18, it is unlawful for any person to import into the United States any: (1) Marine mammal: (i) Taken in violation of the Act, or (ii) Taken in another country in violation of 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 of the product is illegal. (c) Except in accordance with an exception referred to in subpart C and §§18.31 and 18.32 of this part, 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; (3) Specimen of an endangered or threatened species of marine mammals; (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. Except as otherwise provided in the Act or these regulations, it is unlawful for: (a) Any person to use any port, harbor, or other place under the jurisdiction of the United States for any purpose in any way connected with a prohibited taking or any unlawful importation of any marine mammal or marine mammal products; (b) Any person to possess any marine mammal, or product therefrom, taken in violation of the Act or these regulations; (c) Any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; or (d) Any person subject to the jurisdiction of the United States to use in a commercial fishery, any means or method of fishing in contravention of regulations and limitations issued by the Secretary of Commerce for that fishery to achieve the purposes of this Act. [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] (a) Section 102(e) of the Act provides in effect that the Act 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 such date. Such status may be established by submitting to the Director 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. 1361–1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001. (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 December 21, 1972. 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) Service agents, or Customs officers, may refuse to clear marine mammals or marine mammal products for importation into the United States, pursuant to §14.53 of this subchapter, until the importer can demonstrate, by production of the affidavit referred in above or otherwise, that section 102(e) of the Act applies to all affected items. (d) This section has no application to any marine mammal or marine mammal product intended to be imported pursuant to §18.21, §18.31 or §18.32 of this part. [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]
Title 50: Wildlife and Fisheries
PART 18—MARINE MAMMALS
Subpart B—Prohibitions
§ 18.11 Prohibited taking.
§ 18.12 Prohibited importation.
§ 18.13 Prohibited uses, possession, transportation, and sales.
§ 18.14 Marine mammals taken before the Act.
