What US Marine Mammal Protection Act (16 USC ch 31): Take Moratorium, Permits and Incidental Take in Fishing requires
The Marine Mammal Protection Act (MMPA), codified at 16 U.S.C. Chapter 31 (sections 1361-1423h), establishes a moratorium on the taking and importation of marine mammals and marine mammal products, administered by the National Marine Fisheries Service (within NOAA, Department of Commerce) for most species and by the US Fish and Wildlife Service (Department of the Interior) for others. Section 1361 states the findings and policy, and section 1362 defines the regulated terms, including 'take' (to harass, hunt, capture or kill, or attempt to do so) and 'marine mammal product'. Section 1371 establishes the moratorium: there shall be a moratorium on the taking and importation of marine mammals and marine mammal products, subject to enumerated exceptions and authorizations. Section 1372 sets the prohibited acts, making it unlawful to take any marine mammal on the high seas or in waters or on lands under US jurisdiction, to use a vessel or other means under US jurisdiction to take a marine mammal on the high seas, to import any marine mammal or marine mammal product into the United States, or to possess, transport, sell or offer for sale any marine mammal or product taken in violation of the Act. Section 1373 authorizes regulations on taking, and section 1374 governs permits (including for scientific research, public display and enhancing the survival of a species). Section 1387 governs the taking of marine mammals incidental to commercial fishing operations, including the registration and authorization scheme and take-reduction plans. Section 1375 sets the penalties: a person who violates the Act may be assessed a civil penalty of not more than $10,000 for each violation, and a person who knowingly violates the Act shall, on conviction, be fined not more than $20,000 for each violation, or imprisoned for not more than one year, or both. Penalty figures are subject to inflation adjustment by regulation.
Pillar: Water & Environmental Resources · Authority: US Congress / NOAA National Marine Fisheries Service and US Fish and Wildlife Service · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title16/html/USCODE-2022-title16-chap31.htm
SHA-256 integrity: 823940c856a1f2276f81dc913c1e39ff227739901a4f7104656e96612bd7161d
Primary Citations — 8 traced to source
- Marine Mammal Protection Act, 16 U.S.C. 1361 - findings and declaration of policy.
- Marine Mammal Protection Act, 16 U.S.C. 1362 - definitions, including take and marine mammal product.
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