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Subchapter B—North Pacific Commercial Fisheries [Reserved] Subchapter C—Marine Mammals

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Subchapter B—North Pacific Commercial Fisheries [Reserved] Subchapter C—Marine Mammals SUBCHAPTER AÐGENERAL PROVISIONS [RESERVED] SUBCHAPTER BÐNORTH PACIFIC COMMERCIAL FISHERIES [RESERVED] SUBCHAPTER CÐMARINE MAMMALS PART 216ÐREGULATIONS GOV- 216.37 Marine mammal parts. 216.38 Reporting. ERNING THE TAKING AND IM- 216.39 Permit amendments. PORTING OF MARINE MAMMALS 216.40 Penalties and permit sanctions. 216.41 Permits for scientific research and Subpart AÐIntroduction enhancement. 216.42 Photography. [Reserved] Sec. 216.43 Public display. [Reserved] 216.1 Purpose of regulations. 216.44 Applicability/transition. 216.2 Scope of regulations. 216.45 General Authorization for Level B 216.3 Definitions. harassment for scientific research. 216.4 Other laws and regulations. 216.46±216.49 [Reserved] 216.5 Payment of penalty. 216.6 Forfeiture and return of seized prop- Subpart EÐDesignated Ports erty. 216.7 Holding and bonding. 216.50 Importation at designated ports. 216.8 Enforcement officers. Subpart FÐPribilof Islands, Taking for Subpart BÐProhibitions Subsistence Purposes 216.11 Prohibited taking. 216.71 Allowable take of fur seals. 216.12 Prohibited importation. 216.72 Restrictions on taking. 216.13 Prohibited uses, possession, transpor- 216.73 Disposition of fur seal parts. tation, sales, and permits. 216.74 Cooperation with Federal officials. 216.14 Marine mammals taken before the MMPA. 216.15 Depleted species. Subpart GÐPribilof Islands Administration 216.16 Prohibitions under the General Au- 216.81 Visits to fur seal rookeries. thorization for Level B harassment for 216.82 Dogs prohibited. scientific research. 216.83 Importation of birds or mammals. 216.84 [Reserved] Subpart CÐGeneral Exceptions 216.85 Walrus and Otter Islands. 216.21 Actions permitted by international 216.86 Local regulations. treaty, convention, or agreement. 216.87 Wildlife research. 216.22 Taking by State or local government officials. Subpart HÐDolphin Safe Tuna Labeling 216.23 Native exceptions. 216.90 Purpose. 216.24 Taking and related acts incidental to 216.91 Labeling requirements. commercial fishing operations. 216.92 Purse seine vessels greater than 400 216.25 Exempted marine mammals and ma- short tons (362.8 metric tons). rine mammal products. 216.93 Submission of documentation. 216.26 Collection of certain marine mam- 216.94 Requests to review documents. mals parts without prior authorization. 216.95 False statements or endorsements. 216.27 Release, non-releasability, and dis- position under special exception permits for rehabilitated marine mammals. Subpart IÐGeneral Regulations Governing Small Takes of Marine Mammals Inci- Subpart DÐSpecial Exceptions dental to Specified Activities 216.30 [Reserved] 216.101 Purpose. 216.31 Definitions. 216.102 Scope. 216.32 Scope. 216.103 Definitions. 216.33 Permit application submission, re- 216.104 Submission of requests. view, and decision procedures. 216.105 Specific regulations. 216.34 Issuance criteria. 216.106 Letter of Authorization. 216.35 Permit restrictions. 216.107 Incidental harassment authorization 216.36 Permit conditions. for Arctic waters. 5 VerDate 10<SEP>98 01:53 Oct 29, 1998 Jkt 179207 PO 00000 Frm 00001 Fmt 8010 Sfmt 8010 Y:\SGML\179207T.XXX pfrm02 PsN: 179207T § 216.1 50 CFR Ch. II (10±1±98 Edition) 216.108 Requirements for monitoring and re- SOURCE: 39 FR 1852, Jan. 15, 1974, unless porting under incidental harassment au- otherwise noted. thorizations for Arctic waters. EDITORIAL NOTE: At 56 FR 21096, May 7, 1991, 56 FR 41308, Aug. 20, 1991, and 56 FR Subpart JÐTaking of Ringed Seals 48115, Sept. 24, 1991, findings of nonconform- Incidental to On-Ice Seismic Activities ance, embargo and revocation were published in the FEDERAL REGISTER. 216.111 Specified activity and specified geo- graphical region. 216.112 Effective dates. Subpart AÐIntroduction 216.113 Permissible methods. 216.114 Mitigation. § 216.1 Purpose of regulations. 216.115 Requirements for monitoring and re- The regulations in this part imple- porting. ment the Marine Mammal Protection 216.116 Applications for Letters of Author- Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361± ization. 1407, Pub. L. 92±522, which, among other 216.117 Renewal of Letters of Authorization. 216.118 Modifications to Letters of Author- things, restricts the taking, possession, ization. transportation, selling, offering for 216.119 [Reserved] sale, and importing of marine mam- mals. Subparts K±L [Reserved] § 216.2 Scope of regulations. Subpart MÐTaking of Bottlenose Dolphins This part 216 applies solely to marine and Spotted Dolphins Incidental to Oil mammals and marine mammal prod- and Gas Structure Removal Activities ucts as defined in § 216.3. For regula- 216.141 Specified activity and specified geo- tions under the MMPA, with respect to graphical region. other marine mammals and marine 216.142 Effective dates. mammal products, see 50 CFR part 18. 216.143 Permissible methods of taking; miti- [39 FR 1852, Jan. 15, 1974, as amended at 59 gation. FR 50375, Oct. 3, 1994] 216.144 Prohibitions. 216.145 Requirements for monitoring and re- § 216.3 Definitions. porting. 216.146 Letters of Authorization. In addition to definitions contained 216.147 Renewal of Letters of Authorization. in the MMPA, and unless the context 216.148 Modifications to Letters of Author- otherwise requires, in this part 216: ization. ABI means Automated Broker Inter- face, the electronic product-entry fil- Subpart NÐTaking of Marine Mammals In- ing system under the control of the cidental to Underwater Detonation of U.S. Customs Service, Department of Conventional Explosives by the De- the Treasury. partment of Defense Acts means, collectively, the Marine Mammal Protection Act of 1972, as 216.151 Specified activity, geographical re- amended, 16 U.S.C. 1361 et seq., the En- gion, and incidental take levels. 216.152 Effective dates. dangered Species Act of 1973, as amend- 216.153 Permissible methods of taking; miti- ed, 16 U.S.C. 1531 et seq., and the Fur gation. Seal Act of 1966, as amended, 16 U.S.C. 216.154 Prohibitions. 1151 et seq. 216.155 Requirements for monitoring and re- Active sportfishing means paying pas- porting. sengers have their terminal fishing 216.156 Renewal of Letter of Authorization. gear (lures, hooks, etc.) in the water in 216.157 Modifications to Letter of Author- an attempt to catch fish or, in the case ization. of fishing involving chumming, fishing is considered to be in progress from the Subparts O±Q [Reserved] instant fish have been sighted taking bait (boiling) during that chumming NOTE TO PART 216: See also 50 CFR parts 228 and 229 for regulations governing certain in- process. cidental takings of marine mammals. Alaskan Native means a person de- fined in the Alaska Native Claims Set- AUTHORITY: 16 U.S.C. 1361 et seq., unless tlement Act (43 U.S.C. 1602(b)) (85 Stat. otherwise noted. 588) as a citizen of the United States 6 VerDate 10<SEP>98 01:53 Oct 29, 1998 Jkt 179207 PO 00000 Frm 00002 Fmt 8010 Sfmt 8010 Y:\SGML\179207T.XXX pfrm02 PsN: 179207T National Marine Fisheries Service/NOAA, Commerce § 216.3 who is of one-fourth degree or more Authentic native articles of handicrafts Alaska Indian (including Tsimishian and clothing means items made by an Indians enrolled or not enrolled in the Indian, Aleut or Eskimo which (a) were Metlaktla Indian Community), Es- commonly produced on or before De- kimo, or Aleut blood or combination cember 21, 1972, and (b) are composed thereof. The term includes any Native, wholly or in some significant respect of as so defined, either or both of whose natural materials, and (c) are signifi- adoptive parents are not Natives. It cantly altered from their natural form also includes, in the absence of proof of and which are produced, decorated, or a minimum blood quantum, any citizen fashioned in the exercise of traditional of the United States who is regarded as native handicrafts without the use of an Alaska Native by the Native village pantographs, multiple carvers, or simi- or group, of which he claims to be a lar mass copying devices. Improved member and whose father or mother is methods of production utilizing mod- (or, if deceased, was) regarded as Na- ern implements such as sewing ma- tive by any Native village or Native chines or modern tanning techniques group. Any such citizen enrolled by the at a tannery registered pursuant to Secretary of the Interior pursuant to § 216.23(c) may be used so long as no section 5 of the Alaska Native Claims large scale mass production industry Settlement Act shall be conclusively results. Traditional native handicrafts presumed to be an Alaskan Native for include, but are not limited to, weav- purposes of this part. ing, carving, stitching, sewing, lacing, Article of handicraft means items beading, drawing, and painting. The made by an Indian, Aleut or Eskimo formation of traditional native groups, from the nonedible byproducts of fur such as a cooperative, is permitted so seals taken for personal or family con- long as no large scale mass production sumption whichÐ results. (1) Were commonly produced by Alas- Bona fide scientific research: (1) Means kan Natives on or before October 14, scientific research on marine mammals 1983; conducted by qualified personnel, the (2) Are composed wholly or in some results of which: significant respect of natural mate- (i) Likely would be accepted for pub- rials, and; lication in a refereed scientific journal; (3) Are significantly altered from (ii) Are likely to contribute to the their natural form and which are pro- basic knowledge of marine mammal bi- duced, decorated, or fashioned in the ology or ecology. (Note: This includes, exercise of traditional native handi- for example, marine mammal parts in crafts without the use of pantographs, a properly curated, professionally ac- multiple carvers, or similar mass copy- credited scientific collection); or ing devices. Improved methods of pro- (iii) Are likely to identify, evaluate, duction utilizing modern implements or resolve conservation problems. such as sewing machines or modern (2) Research that is not on marine tanning techniques at a tannery reg- mammals, but that may incidentally istered pursuant to § 216.23(c) may be take marine mammals, is not included used so long as no large scale mass pro- in this definition (see sections duction industry results.
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