50 CFR § 216.30-216.49 - Regulations governing the taking and importing of marine mammals - Special Exceptions.

This Subpart of Part 216 of the Code of Federal Regulations defines special exceptions to prohibitions The regulations of this Subpart apply to: (a) All marine mammals and marine mammal parts taken or born in captivity after coming into force of the MMPA; and (b) all marine mammals and marine mammal parts that are listed as threatened or endangered under the Endangered Species Act (ESA). Persons seeking a special exemption permit under this Subpart must submit an application to the Office Director. For applicants seeking a special exception permit to export living marine mammals, the application must be submitted through the Convention on International Trade in Endangered Fauna and Flora management authority of the foreign government or, if different, the appropriate agency or agencies of the foreign government that exercises oversight over marine mammals.
For the Office Director to issue any permit under this subpart, the applicant must demonstrate that the proposed activity is humane and does not present any unnecessary risks to the health and welfare of marine mammals. All permit holders must submit annual, final, and special reports in accordance with the requirements established in the permit, and any reporting format established by the Office Director.
This Subpart also specifies that The MMPA’s provisions do not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations in the ETP which are outside the U.S. exclusive economic zone (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), while employed on a fishing vessel of a harvesting nation that is participating in, and in compliance with, the International Dolphin Conservation Program (IDCP).