C.F.R. » Title 50 » CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER C—MARINE MAMMALS › PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS › Subpart B—Prohibitions

50 C.F.R. § 216.12

Prohibited importation

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(a) Except as otherwise provided in subparts C and D of this part 216, 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 216, it is unlawful for any person to import into the United States any:

(1) Marine mammal:

(i) Taken in violation of the MMPA, or

(ii) Taken in another country in violation to 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 if the product is illegal.

(c) Except in accordance with an exception referred to in subpart C and §§ 216.31 (regarding scientific research permits only) and 216.32 of this part 216, 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 mammal.

(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.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]
Notes of Decisions
Cited in 2 cases, 2014–2015 · leading case: Georgia Aquarium, Inc. v. Pritzker, 135 F. Supp. 3d 1280 (N.D. Ga. 2015).
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Georgia Aquarium, Inc. v. Pritzker, 135 F. Supp. 3d 1280 (N.D. Ga. 2015). · cites it 2× “§ 1372 (b); 50 C.F.R. § 216.12 (c). Under Section 1374 of the MMPA, NMFS may issue permits for the taking or importation of marine mammals for scientific research, enhancing' the survival or recovery of a species or stock, or public display, provided' that certain requirements…”
Georgia Aquarium, Inc. v. Pritzker, 309 F.R.D. 680 (N.D. Ga. 2014). · cites it 2× “§ 1372 (b); 50 C.F.R. § 216.12 (c). Plaintiff Georgia Aquarium, Inc.”
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