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Subchapter C—Marine Mammals

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Subchapter C—Marine Mammals SUBCHAPTER C—MARINE MAMMALS PART 216—REGULATIONS GOV- 216.34 Issuance criteria. 216.35 Permit restrictions. ERNING THE TAKING AND IM- 216.36 Permit conditions. PORTING OF MARINE MAM- 216.37 Marine mammal parts. MALS 216.38 Reporting. 216.39 Permit amendments. Subpart A—Introduction 216.40 Penalties and permit sanctions. 216.41 Permits for scientific research and Sec. enhancement. 216.1 Purpose of regulations. 216.42 Photography. [Reserved] 216.2 Scope of regulations. 216.43 Public display. [Reserved] 216.3 Definitions. 216.44 Applicability/transition. 216.4 Other laws and regulations. 216.45 General Authorization for Level B 216.5 Payment of penalty. harassment for scientific research. 216.6 Forfeiture and return of seized prop- 216.46 U.S. citizens on foreign flag vessels erty. operating under the International Dol- 216.7 Holding and bonding. phin Conservation Program. 216.8 Enforcement officers. 216.47 Access to marine mammal tissue, analyses, and data. Subpart B—Prohibitions 216.48–216.49 [Reserved] 216.11 Prohibited taking. Subpart E—Designated Ports 216.12 Prohibited importation. 216.13 Prohibited uses, possession, transpor- 216.50 Importation at designated ports. tation, sales, and permits. 216.14 Marine mammals taken before the Subpart F—Pribilof Islands, Taking for MMPA. Subsistence Purposes 216.15 Depleted species. 216.16 Prohibitions under the General Au- 216.71 Allowable take of fur seals. thorization for Level B harassment for 216.72 Restrictions on subsistence use of fur scientific research. seals. 216.17 General prohibitions. 216.73 Disposition of fur seal parts. 216.18 Approaching humpback whales in 216.74 Cooperation between fur seal subsist- Alaska. ence users, tribal and Federal officials. 216.19 Special restrictions for humpback whales in waters surrounding the islands Subpart G—Pribilof Islands Administration of Hawaii. 216.81 Visits to fur seal rookeries. Subpart C—General Exceptions 216.82 Dogs prohibited. 216.83 Importation of birds or mammals. 216.21 Actions permitted by international 216.84 [Reserved] treaty, convention, or agreement. 216.85 Walrus and Otter Islands. 216.22 Taking by State or local government 216.86 Local regulations. officials. 216.87 Wildlife research. 216.23 Native exceptions. 216.24 Taking and related acts in commer- Subpart H—Dolphin Safe Tuna Labeling cial fishing operations including tuna purse seine vessels in the eastern trop- 216.90 Purposes. ical Pacific Ocean. 216.91 Dolphin-safe labeling standards. 216.25 Exempted marine mammals and ma- 216.92 Dolphin-safe requirements for tuna rine mammal products. harvested in the ETP by large purse 216.26 Collection of certain marine mammal seine vessels. parts without prior authorization. 216.93 Tracking and verification program. 216.27 Release, non-releasability, and dis- 216.94 False statements or endorsements. position under special exception permits 216.95 Official mark for ‘‘Dolphin-safe’’ tuna for rehabilitated marine mammals. products. Subpart D—Special Exceptions Subpart I—General Regulations Governing Small Takes of Marine Mammals Inci- 216.30 [Reserved] dental to Specified Activities 216.31 Definitions. 216.32 Scope. 216.101 Purpose. 216.33 Permit application submission, re- 216.102 Scope. view, and decision procedures. 216.103 Definitions. 6 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR National Marine Fisheries Service/NOAA, Commerce § 216.3 216.104 Submission of requests. of fishing involving chumming, fishing 216.105 Specific regulations. is considered to be in progress from the 216.106 Letter of Authorization. instant fish have been sighted taking 216.107 Incidental harassment authorization for Arctic waters. bait (boiling) during that chumming 216.108 Requirements for monitoring and re- process. porting under incidental harassment au- Administrator, Southwest Region thorizations for Arctic waters. means the Regional Administrator, Southwest Region, National Marine Subparts J–X[Reserved] Fisheries Service, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213, FIGURE 1 TO PART 216—NORTHERN FUR SEAL or his or her designee. BREEDING AREAS (ROOKERIES) AND HAUL- ING GROUNDS ON ST. GEORGE ISLAND, Agreement on the International Dolphin ALASKA Conservation Program (Agreement on the IDCP) means the Agreement estab- AUTHORITY: 16 U.S.C. 1361 et seq., unless otherwise noted. lishing the formal binding IDCP that was signed in Washington, DC on May SOURCE: 39 FR 1852, Jan. 15, 1974, unless 21, 1998. otherwise noted. Alaskan Native means a person de- NOTE TO PART 216: See also 50 CFR parts 228 and 229 for regulations governing certain in- fined in the Alaska Native Claims Set- cidental takings of marine mammals. tlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the United States Subpart A—Introduction who is of one-fourth degree or more Alaska Indian (including Tsimishian § 216.1 Purpose of regulations. Indians enrolled or not enrolled in the Metlaktla Indian Community), Es- The regulations in this part imple- kimo, or Aleut blood or combination ment the Marine Mammal Protection thereof. The term includes any Native, Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361– as so defined, either or both of whose 1407, Pub. L. 92–522, which, among other adoptive parents are not Natives. It things, restricts the taking, possession, also includes, in the absence of proof of transportation, selling, offering for a minimum blood quantum, any citizen sale, and importing of marine mam- of the United States who is regarded as mals. an Alaska Native by the Native village § 216.2 Scope of regulations. or group, of which he claims to be a member and whose father or mother is This part 216 applies solely to marine (or, if deceased, was) regarded as Na- mammals and marine mammal prod- tive by any Native village or Native ucts as defined in § 216.3. For regula- group. Any such citizen enrolled by the tions under the MMPA, with respect to Secretary of the Interior pursuant to other marine mammals and marine section 5 of the Alaska Native Claims mammal products, see 50 CFR part 18. Settlement Act shall be conclusively [39 FR 1852, Jan. 15, 1974, as amended at 59 presumed to be an Alaskan Native for FR 50375, Oct. 3, 1994] purposes of this part. Albacore tuna means the species § 216.3 Definitions. Thunnus alalunga. In addition to definitions contained Article of handicraft means items in the MMPA, and unless the context made by an Indian, Aleut or Eskimo otherwise requires, in this part 216: from the nonedible byproducts of fur Acts means, collectively, the Marine seals taken for personal or family con- Mammal Protection Act of 1972, as sumption which— amended, 16 U.S.C. 1361 et seq., the En- (1) Were commonly produced by Alas- dangered Species Act of 1973, as amend- kan Natives on or before October 14, ed, 16 U.S.C. 1531 et seq., and the Fur 1983; Seal Act of 1966, as amended, 16 U.S.C. (2) Are composed wholly or in some 1151 et seq. significant respect of natural mate- Active sportfishing means paying pas- rials, and; sengers have their terminal fishing (3) Are significantly altered from gear (lures, hooks, etc.) in the water in their natural form and which are pro- an attempt to catch fish or, in the case duced, decorated, or fashioned in the 7 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR § 216.3 50 CFR Ch. II (10–1–20 Edition) exercise of traditional native handi- (i) Likely would be accepted for pub- crafts without the use of pantographs, lication in a refereed scientific journal; multiple carvers, or similar mass copy- (ii) Are likely to contribute to the ing devices. Improved methods of pro- basic knowledge of marine mammal bi- duction utilizing modern implements ology or ecology. (Note: This includes, such as sewing machines or modern for example, marine mammal parts in tanning techniques at a tannery reg- a properly curated, professionally ac- istered pursuant to § 216.23(c) may be credited scientific collection); or used so long as no large scale mass pro- (iii) Are likely to identify, evaluate, duction industry results. Traditional or resolve conservation problems. native handicrafts include, but are not (2) Research that is not on marine limited to, weaving, carving, stitching, mammals, but that may incidentally sewing, lacing, beading, drawing, and take marine mammals, is not included painting. The formation of traditional in this definition (see sections native groups, such as a cooperative, is 101(a)(3)(A), 101(a)(5)(A), and permitted so long as no large scale 101(a)(5)(D) of the MMPA, and sections mass production results. 7(b)(4) and 10(a)(1)(B) of the ESA). Assistant Administrator means the As- Bycatch limit means the calculation sistant Administrator for Fisheries, of a potential biological removal level National Marine Fisheries Service, Na- for a particular marine mammal stock, tional Oceanic and Atmospheric Ad- as defined in § 229.2 of this chapter, or ministration, Silver Spring, MD 20910, comparable scientific metric estab- or his/her designee. lished by the harvesting nation or ap- Authentic native articles of handicrafts plicable regional fishery management and clothing means items made by an organization or intergovernmental Indian, Aleut or Eskimo which (a) were agreement. commonly produced on or before De- Carrying capacity means the Regional cember 21, 1972, and (b) are composed Director’s determination of the max- wholly or in some significant respect of imum amount of fish that a vessel can natural materials, and (c) are signifi- carry in short tons based on the great- cantly altered from their natural form er of the amount indicated by the and which are produced, decorated, or builder of the vessel, a marine sur- fashioned in the exercise of traditional veyor’s report, or the highest amount native handicrafts without the use of reported landed from any one trip.
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