
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1372]

 
                         TITLE 16--CONSERVATION
 
                  CHAPTER 31--MARINE MAMMAL PROTECTION
 
      SUBCHAPTER II--CONSERVATION AND PROTECTION OF MARINE MAMMALS
 
Sec. 1372. Prohibitions


(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.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1371, 1374, 1536 of this 
title.
