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16 U.S.C. § 1372 — Prohibitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Taking** Except 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 sub[section 1374(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c&num=0&edition=prelim); 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) Importati
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Source file: Laws/federal/codes/united-states-code/title-16/section-1372-prohibitions--694b283de4.md
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Source location: Title 16, Chapter 31, § 1372; chapter-031-marine-mammal-protection.md
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**(a) Taking** Except 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 sub[section 1374(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Effective on April 30, 1994, and except as provided in [section 1383a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1383a&num=0&edition=prelim) and in paragraphs (2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with [section 1824(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/b&num=0&edition=prelim). In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994.
(2) In the case of the incidental taking of marine mammals from species or stocks designated under this chapter as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), both this section and [section 1371(a)(5)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/5/E&num=0&edition=prelim) shall apply.
(3) Sections 11 So in original. Probably should be “Section”. 1374(h) of this title and subchapter IV, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean.
(4) This
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1387
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares that—
(1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to—
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
**(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1531
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) certain species and population stocks of marine mammals are, or may be, in danger of extinction or depletion as a result of man’s activities;
(2) such species and population stocks should not be permitted to diminish beyond the point at which they cease to be a significant functioning element in the ecosystem of which they are a part, and, consistent with this major objective, they should not be permitted to diminish below their optimum sustainable population. Further measures should be immediately taken to replenish any species or population stock which has already diminished below that population. In particular, efforts should be made to protect essential habitats, including the rookeries, mating grounds, and areas of similar significance for each species of marine mammal from the adverse effect of man’s actions;
(3) there is inadequate knowledge of the ecology and population dynamics of such marine mammals and of the factors which bear upon their ability to reproduce themselves successfully;
(4) negotiations should be undertaken immediately to encourage the development of international arrangements for research on, and conservation of, all marine mammals;
(5) marine mammals and marine mammal products either—
(A) move in interstate commerce, or
(B) affect the balance of marine ecosystems in a manner which is important to other animals and animal products which move in interstate commerce,
and that the protection and conservation of marine mammals and their habitats is therefore necessary to insure the continuing availability of those products which move in interstate commerce; and
(6) marine mammals have proven themselves to be resources of great international significance, esthetic and recreational as well as economic, and i
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1361
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State enforcement of State laws or regulations prohibited without transfer to State of management authority by Secretary** No State may enforce, or attempt to enforce, any State law or regulation relating to the taking of any species (which term for purposes of this section includes any population stock) of marine mammal within the State unless the Secretary has transferred authority for the conservation and management of that species (hereinafter referred to in this section as “management authority”) to the State under subsection (b)(1).
**(b) Findings prerequisite to transfer of authority; State program; implementation**
(1) Subject to paragraph (2) and subsection (f) of this section, the Secretary shall transfer management authority for a species of marine mammal to a State if the Secretary finds, after notice and opportunity for public comment, that the State has developed and will implement a program for the conservation and management of the species that—
(A) is consistent with the purposes, policies, and goals of this chapter and with international treaty obligations;
(B) requires that all taking of the species be humane;
(C) does not permit the taking of the species unless and until—
(i) the State has determined, under a process consistent with the standards set forth in subsection (c)—
(I) that the species is at its optimum sustainable population (hereinafter in this section referred to as “OSP”), and
(II) the maximum number of animals of that species that may be taken without reducing the species below its OSP, and
(ii) the determination required under clause (i) is final and implemented under State law, and, if a cooperative allocation agreement for the species is required under subsection (d)(1), such an agreement is
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1379
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Federal law — U.S. Code and appendices · legal_authorities
Page 1777
TITLE 16—CONSERVATION
§ 1372
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-
year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 1013 of Title 5, Government Organiza-
tion and Employees.
§ 1372. Prohibitions
(a) Taking
Except 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 agree-
ment to which the United States is a party
and which was entered into before the effec-
tive date of this subchapter or by any statute
implementing any such treaty, convention, or
agreement—
(A) for any person or vessel or other con-
veyance to take any marine mammal in wa-
ters 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 ma-
rine mammal taken in violation of this sub-
chapter, to possess that mammal or any prod-
uct from that mammal;
(4) for any person to transport, purchase,
sell, export, or offer to purchase, sell, or ex-
port any marine mammal or marine mammal
product—
(A) that is taken in violation of this chap-
ter; or
(B) for any purpose other th
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1372
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