16 U.S.C. § 1372

Prohibitions

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(a) TakingExcept as provided in sections 1371, 1373, 1374, 1379, 1381, 1383, 1383a, and 1387 of this title and subchapter V, it is unlawful—(1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas;(2) except as expressly provided for by an international treaty, convention, or agreement to which the United States is a party and which was entered into before the effective date of this subchapter or by any statute implementing any such treaty, convention, or agreement—(A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States; or(B) for any person to use any port, harbor, or other place under the jurisdiction of the United States to take or import marine mammals or marine mammal products; and(3) for any person, with respect to any marine mammal taken in violation of this subchapter, to possess that mammal or any product from that mammal;(4) for any person to transport, purchase, sell, export, or offer to purchase, sell, or export any marine mammal or marine mammal product—(A) that is taken in violation of this chapter; or(B) for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under subsection 1374(c) of this title; and(5) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this chapter.(b) Importation of pregnant or nursing mammals; depleted species or stock; inhumane takingExcept pursuant to a permit for scientific research, or for enhancing the survival or recovery of a species or stock, issued under section 1374(c) of this title, it is unlawful to import into the United States any marine mammal if such mammal was—(1) pregnant at the time of taking;(2) nursing at the time of taking, or less than eight months old, whichever occurs later;(3) taken from a species or population stock which the Secretary has, by regulation published in the Federal Register, designated as a depleted species or stock; or(4) taken in a manner deemed inhumane by the Secretary.Notwithstanding the provisions of paragraphs (1) and (2), the Secretary may issue a permit for the importation of a marine mammal, if the Secretary determines that such importation is necessary for the protection or welfare of the animal.(c) Importation of illegally taken mammalsIt is unlawful to import into the United States any of the following:(1) Any marine mammal which was—(A) taken in violation of this subchapter; or(B) taken in another country in violation of the law of that country.(2) Any marine mammal product if—(A) the importation into the United States of the marine mammal from which such product is made is unlawful under paragraph (1) of this subsection; or(B) the sale in commerce of such product in the country of origin of the product is illegal;(3) Any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner which the Secretary has proscribed 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.(d) Nonapplicability of prohibitionsSubsections (b) and (c) of this section shall not apply—(1) in the case of marine mammals or marine mammal products, as the case may be, to which subsection (b)(3) of this section applies, to such items imported into the United States before the date on which the Secretary publishes notice in the Federal Register of his proposed rulemaking with respect to the designation of the species or stock concerned as depleted; or(2) in the case of marine mammals or marine mammal products to which subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful.(e) Retroactive effect

This chapter shall not apply with respect to any marine mammal taken before the effective date of this chapter, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date.

(f) Commercial taking of whales

It is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.

(Pub. L. 92–522, title I, § 102, Oct. 21, 1972, 86 Stat. 1032; Pub. L. 93–205, § 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L. 95–136, § 4, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97–58, § 3(a), Oct. 9, 1981, 95 Stat. 981; Pub. L. 100–711, §§ 2(b), 5(b), (e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub. L. 102–587, title III, § 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108 Stat. 536, 558, 566.)Editorial NotesReferences in Text

The effective date of this subchapter, referred to in subsec. (a)(2), means the effective date of title I of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title.

The effective date of this chapter, referred to in subsec. (e), means the effective date of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title.

Amendments

1994—Subsec. (a). Pub. L. 103–238, § 24(c)(9), which directed technical amendment to reference to subchapter V of this chapter in introductory provisions to reflect renumbering of corresponding title of original act, could not be executed to text because of prior amendment by section 13(c) of Pub. L. 103–238. See below.

Pub. L. 103–238, § 13(c), in introductory provisions inserted reference to section 1387 of this title and made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.

Subsec. (a)(2)(B). Pub. L. 103–238, § 5(a)(1), substituted “to take or import” for “for any purpose in any way connected with the taking or importation of”.

Subsec. (a)(4). Pub. L. 103–238, § 5(a)(2), substituted “export, or offer to purchase, sell, or export” for “or offer to purchase or sell” and “product—” for “product; and” and added subpars. (A) and (B).

1992—Subsec. (a). Pub. L. 102–587 inserted “or subchapter V” in introductory provisions.

1988—Subsec. (a). Pub. L. 100–711, § 2(b), substituted “1383, and 1383a” for “and 1383”.

Subsec. (b). Pub. L. 100–711, § 5(e)(2), substituted “research, or for enhancing the survival or recovery of a species or stock,” for “research”.

Pub. L. 100–711, § 5(b), inserted sentence at end authorizing Secretary to issue permit for importation of marine mammal.

1981—Subsec. (a). Pub. L. 97–58, § 3(a)(1), inserted reference to section 1379 of this title in the enumeration of sections preceding par. (1), redesignated par. (4) as (5), and revised as pars. (3) and (4) the provisions of former par. (3) amending those provisions so as to make it illegal for any person to possess a marine mammal, or any product from that mammal, and for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product.

Subsec. (b)(3). Pub. L. 97–58, § 3(a)(2), struck out “or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973” after “designated as a depleted species or stock”.

Subsec. (d)(1). Pub. L. 97–58, § 3(b)(3), struck out “or endangered” after “concerned as depleted”.

1977—Subsec. (f). Pub. L. 95–136 added subsec. (f).

1973—Subsec. (b)(3). Pub. L. 93–205 substituted “an endangered species or threatened species pursuant to the Endangered Species Act of 1973” for “endangered under the Endangered Species Conservation Act of 1969”.

Statutory Notes and Related SubsidiariesEffective Date of 1973 Amendment

Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title.

Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.

Notes of Decisions

Cited in 47 cases (1 in the last 5 years), 1975–2022 · leading case: Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995).

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Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995). · cites it 2× “The majority claimed support for its construction from a decision of the Ninth Circuit that narrowly construed the word "harass" in the Marine Mammal Protection Act of 1972, 16 U. S. C. § 1372 (a)(2)(A), see United States v.”

United States v. Jerry D. Mitchell, 553 F.2d 996 (5th Cir. 1977). · cites it 3× “16 U.S.C. § 1372 (a) states in part: Except as provided in sections 1371, 1373, 1374, 1381, and 1383 of this title, it is unlawful— (1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United…”

Inst. of Cetacean Rsch. v. Sea Shepherd Conservation Soc'y, 725 F.3d 940 (9th Cir. 2013). · cites it 2× “16 U.S.C. § 1372 ; 16 U.S.C. § 916c. Cetacean’s activities are covered by such a permit and thus are consistent with congressional policy as to the marine ecosystem.”

United States v. Bramble, 894 F. Supp. 1384 (D. Haw. 1995). · cites it 5× “The sale of sea otter pelts is prohibited by the Marine Mammal Protection Act, 16 U.S.C. §§ 1372 (a)(4) and 1375(b). 1 Agents of the Fish & Wildlife Service (FW) and the National Marine Fisheries Service (NMF), posing as potential buyers, contacted Bramble and arranged to meet…”

United States v. David Hayashi, 5 F.3d 1278 (9th Cir. 1993). · cites it 4× “REINHARDT, Circuit Judge: David Hayashi appeals his conviction of taking a marine mammal in violation of 16 U.S.C. § 1372 (a)(2)(A). We hold that the Marine Mammal Protection Act (MMPA) and the regulations implementing the act do not make it a crime to take reasonable steps to…”

Andrus v. Allard, 444 U.S. 51 (1979). “And when Congress has meant to exempt lawfully taken items from the retroactive application of statutory prohibitions, it has taken care to do so explicitly, see 16 U. S. C. § 1372 (Marine Mammal Protection Act of 1972); 16 U.”

United States v. David Hayashi, 22 F.3d 859 (9th Cir. 1994). · cites it 4× “OPINION REINHARDT, Circuit Judge: David Hayashi appeals his conviction of taking a marine mammal in violation of 16 U.S.C. § 1372 (a)(2)(A). We hold that the Marine Mammal Protection Act (MMPA) and the regulations implementing the act do not *861 make it a crime to take…”

Animal Welfare Inst. v. Kreps, 561 F.2d 1002 (D.C. Cir. 1977). · cites it 7× “16 U.S.C. § 1372 (b)(2) (Supp. V 1975). .”

Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). “6 The MMPA proscribes taking any marine mammal ( 16 U.S.C. § 1372 (a)(1).) The term “take” includes harassment and attempted harassment.”

United States v. Zarauskas, 814 F.3d 509 (1st Cir. 2016). “16 U.S.C. § 1372 (a)(2)(B). Finally, pursuant to regulations promulgated by the FWS, all wildlife specimens must be imported through a designated port of entry, accompanied by an appropriate declaration, and cleared by an FWS officer (the “FWS Regulations”).”

Polar Bear Endangered Species Act Listing & Section 4(D) Rule Litig.-MDL No. 1993 v. Jewell, 720 F.3d 354 (D.C. Cir. 2013). · cites it 2× “” 16 U.S.C. § 1372 (b)(3). According to the Safari Club, this provision applies only to mammals taken from species that had already been designated as depleted at the time they were taken.”

UNITED STATES of Am., Plaintiff-Appellee, v. Ronald BRAMBLE, Defendant-Appellant, 103 F.3d 1475 (9th Cir. 1997). “The sale of sea otter pelts violates the Marine Mammal Protection Act, 16 U.S.C. §§ 1372 (a)(4) and 1375(b). Bramble’s pelts later turned out to be river otter pelts, the possession and sale of which is legal, and the Marine Mammal Protection Act count was dropped.”

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