50 CFR § 216.21-216.27 - Regulations governing the taking and importing of marine mammals - General Exceptions.

This Subpart of Part 216 of the Code of Federal Regulations defines general exceptions to prohibitions or other rules such as inconsistency with the provisions of any international treaty, convention or agreement, or any statute implementing the same relating to the taking or importation of marine mammals or marine mammal products; taking o marine mammals by State or local government officials; taking of marine mammals by Alaskan natives (Indians, Aleuts, or Eskimos) for subsistence; marine mammals taken before coming into force of the Marine Mammal Protection Act (MMPA). This part also concerns incidental taking of marine mammals during commercial fishing operations by tuna purse seine vessels in the eastern tropical Pacific Ocean (ETP)and release, non-releasability, and disposition under special exception permits for rehabilitated marine mammals.
No marine mammal may be taken in the course of a commercial fishing operation by a U.S. purse seine fishing vessel in the ETP unless the taking constitutes an incidental catch as defined in § 216.3, and vessel and operator permits have been obtained in accordance with these regulations, and such taking is not in violation of such permits or regulations. The owner or managing owner of a U.S. purse seine fishing vessel of greater than 400 st (362.8 mt) carrying capacity that participates in commercial fishing operations in the ETP must possess a valid vessel permit and operator issued under these Regulations.