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CITE

    16 USC Sec. 1372                                            01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 31 - MARINE MAMMAL PROTECTION
    SUBCHAPTER II - CONSERVATION AND PROTECTION OF MARINE MAMMALS

HEAD

    Sec. 1372. Prohibitions

STATUTE

    (a) Taking
      Except as provided in sections 1371, 1373, 1374, 1379, 1381,
    1383, 1383a, and 1387 of this title and subchapter V of this
    chapter, 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 taking
      Except 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 mammals
      It 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 prohibitions
      Subsections (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.

SOURCE

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

REFERENCES 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 of
    this chapter" in introductory provisions.
      1988 - Subsec. (a). Pub. L. 100-711, Sec. 2(b), substituted
    "1383, and 1383a" for "and 1383".
      Subsec. (b). Pub. L. 100-711, Sec. 5(e)(2), substituted
    "research, or for enhancing the survival or recovery of a species
    or stock," for "research".
      Pub. L. 100-711, Sec. 5(b), inserted sentence at end authorizing
    Secretary to issue permit for importation of marine mammal.
      1981 - Subsec. (a). Pub. L. 97-58, Sec. 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, Sec. 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, Sec. 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".
                     EFFECTIVE 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.