§ 1372. Prohibitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Mammal Protection Act of 1972

   Pub. L. 92–522 title I § 102 · 86 Stat. 1027

   Enacted · 16 U.S.C. § 1372

   Pub. L. 92–522, title I, § 102, Oct. 21, 1972, 86 Stat. 1032

   Source evidence

   Code source credit
   Pub. L. 92–522, title I, § 102, Oct. 21, 1972, 86 Stat. 1032

   Enacted provision · exact public law section
   Sec. 102. prohibitions (a) Except as provided in sections 101, 103, 104, 111, and 113 of this title, it is unlawful— (1) for any person subject to the jurisdiction of the United States or any vessel or other conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas; (2) except as expressly provided for by an international treaty, convention, or agreement to which the United States is a party and which was entered into before the effective date of this title or by any statute implementing any such treaty, convention, or agreement,— (A) for any person or vessel or other conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States; or (B) for any person to use any port, harbor, or other place under the jurisdiction of the United States for any purpose in any way connected with the, taking or importation of marine mammals or marine mammal products; and (3) for any person, with respect to any marine mammal taken in violation of this title— (A) to possess any such mammal; or (B) to transport, sell, or offer for sale any such mammal or any marine mammal product made from any such mammal; and (4) for any person to use, in a commercial fishery, any means or methods of fishing in contravention of any regulations or limitations, issued by the Secretary for that fishery to achieve the purposes of this Act. (b) Except pursuant to a permit for scientific research issued under section 104(c) of this title, it is unlawful to import into the United States any marine mammal if such mammal was— (1) pregnant at the time of taking; (2) nursing at the time of taking, or less than eight months old, whichever occurs 1ater; (3) taken from a species or population stock which the Secretary has, by regulation published in the. Federal Register, designated as a depleted species or stock or which has been listed as endangered under the Endangered Species Conservation Act of 1969; or (4) taken in a manner deemed inhumane by the Secretary. (c) It is unlawful to import into the United States any of the following: (1) Any marine mammal which was— (A) taken in violation of this title; or (B) taken in another country in violation of the law of that country. (2) Any marine mammal product if— (A) the importation into the United States of the marine mammal from which such product is made is mil awful under paragraph (1) of this subsection; or (B) the sale in commerce of such product in the country of origin of the product is illegal; (3) Any fish, whether fresh, frozen, or otherwise prepared, if Such fish was caught in a manner which the Secretary has proscribed for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish. (d) Subsections (b) and (c) of this section shall not apply— (1) in the case of marine mammals or marine mammal prod-nets, as the case may be to which subsection (b) (3) of this section applies, to such items imported into the United States before the date on which the Secretary publishes notice in the Federal Register of his proposed rulemaking with respect to the designation of the species or stock concerned as depleted or endangered; or (2) in the case of marine m am mills or marine mammal products to which subsection (c)(1)(B) or (c)(2)(B) of this section applies, to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful. (e) This Act shall not apply with respect to any marine mammal taken before the effective date of this Act, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date.

2. 1973

   Endangered Species Art of 1973

   Pub. L. 93–205 § 13(e)(3) · 87 Stat. 884

   Substituted · 16 U.S.C. § 1372(b)(3)

   Pub. L. 93–205 substituted “an endangered species or threatened species pursuant to the Endangered Species Act of 1973” for “endangered under the Endangered Species Conservation Act of 1969”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 93–205 substituted “an endangered species or threatened species pursuant to the Endangered Species Act of 1973” for “endangered under the Endangered Species Conservation Act of 1969”.

   Enacted provision · exact public law section
   (3) by striking out “endangered under the Endangered Species Conservation Act of 1969” in section 102(b)(3) thereof and 16 USC 1372. inserting in lieu thereof the following: “an endangered species or threatened species pursuant to the Endangered Species Act of 1973”; and

   Effective date note
   Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title.

3. 1977

   Pub. L. 95–136 § 4 · 91 Stat. 1167

   Added · 16 U.S.C. § 1372(f)

   Pub. L. 95–136 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–136 added subsec. (f).

   Enacted provision · exact public law section
   Sec. 4. Section 102 of the Marine Mammal Protection Act of 1972 Prohibitions. Whales, taking. (16 U.S.C. 1372) is amended by adding at the end thereof the following new subsection: “(f) It is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.”.

4. 1981

   Pub. L. 97–58 § 3(a)(1) · 95 Stat. 979

   1. Inserted · 16 U.S.C. § 1372(a)

      Pub. L. 97–58, § 3(a)(1), inserted reference to section 1379 of this title in the enumeration of sections preceding par. (1)

   2. Redesignated · 16 U.S.C. § 1372(a)

      Pub. L. 97–58, § 3(a)(1), redesignated par. (4) as (5), and revised as pars. (3) and (4) the provisions of former par. (3) amending those provisions so as to make it illegal for any person to possess a marine mammal, or any product from that mammal, and for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–58, § 3(a)(1), inserted reference to section 1379 of this title in the enumeration of sections preceding par. (1), redesignated par. (4) as (5), and revised as pars. (3) and (4) the provisions of former par. (3) amending those provisions so as to make it illegal for any person to possess a marine mammal, or any product from that mammal, and for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product.

   Enacted provision · exact public law section
   (1) Section 102(a) of the Act of 1972 (16 U.S.C. 1372(a)) is amended— (A) by inserting “109,” immediately after “104,” in the matter preceding paragraph (1); (B) by redesignating paragraph (4) as paragraph (5); and (C) by striking out paragraph (3) and inserting in lieu thereof the following: “(3) for any person, with respect to any marine mammal taken in violation of this title, to possess that mammal or any product from that mammal; “(4) for any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; and”.

5. 1981

   Pub. L. 97–58 § 3(a)(2) · 95 Stat. 979

   Struck · 16 U.S.C. § 1372(b)(3)

   Pub. L. 97–58, § 3(a)(2), struck out “or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973” after “designated as a depleted species or stock”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 97–58, § 3(a)(2), struck out “or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973” after “designated as a depleted species or stock”.

   Enacted provision · exact public law section
   (2) Section 102(b)(3) of such Act is amended by striking out “or which has been listed as an endangered species or threatened species pursuant to the Endangered Species Act of 1973”. 16 USC 1531 note.

6. 1981

   Pub. L. 97–58 § 3(b)(3) · 95 Stat. 979

   Struck · 16 U.S.C. § 1372(d)(1)

   Pub. L. 97–58, § 3(b)(3), struck out “or endangered” after “concerned as depleted”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–58, § 3(b)(3), struck out “or endangered” after “concerned as depleted”.

   Enacted provision · exact public law section
   (b) Penalties.— Section 105(a) of the Act of 1972 (16 U.S.C. 1375(a)) is amended by inserting “(1)” immediately after “(a)” and by inserting at the end thereof the following new paragraph: “(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.”.

7. 1988

   Marine Mammal Protection Act Amendments of 1988

   Pub. L. 100–711 § 2(b) · 102 Stat. 4755

   Substituted · 16 U.S.C. § 1372(a)

   Pub. L. 100–711, § 2(b), substituted “1383, and 1383a” for “and 1383”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–711, § 2(b), substituted “1383, and 1383a” for “and 1383”.

   Enacted provision · exact public law section
   (b) Section 102(a) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372(a)) is amended by striking “and 113” and inserting in lieu thereof the following: “113, and 114”.

8. 1988

   Marine Mammal Protection Act Amendments of 1988

   Pub. L. 100–711 § 5(e)(2) · 102 Stat. 4755

   Substituted · 16 U.S.C. § 1372(b)

   Pub. L. 100–711, § 5(e)(2), substituted “research, or for enhancing the survival or recovery of a species or stock,” for “research”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–711, § 5(e)(2), substituted “research, or for enhancing the survival or recovery of a species or stock,” for “research”.

   Enacted provision · exact public law section
   (2) Section 102(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372(b)) is amended by striking “research” and inserting in lieu thereof the following: “research, or for enhancing the survival or recovery of a species or stock,”.

9. 1988

   Marine Mammal Protection Act Amendments of 1988

   Pub. L. 100–711 § 5(b) · 102 Stat. 4755

   Inserted · 16 U.S.C. § 1372(b)

   Pub. L. 100–711, § 5(b), inserted sentence at end authorizing Secretary to issue permit for importation of marine mammal

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–711, § 5(b), inserted sentence at end authorizing Secretary to issue permit for importation of marine mammal.

   Enacted provision · exact public law section
   (b) Section 102(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372(b)) is amended by adding at the end the following new sentence, flush with the margin: “Notwithstanding the provisions of paragraphs (1) and (2), the Secretary Imports. may issue a permit for the importation of a marine mammal, if the Secretory determines that such importation is necessary for the protection or welfare of the animal.”.

10. 1992

    Marine Mammal Health and Stranding Response Act

    Pub. L. 102–587 title III § 3004(a)(1) · 106 Stat. 5039

    Inserted · 16 U.S.C. § 1372(a)

    Pub. L. 102–587 inserted “or subchapter V” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–587 inserted “or subchapter V” in introductory provisions.

    Enacted provision · exact public law section
    (1) in section 102(a) (16 U.S.C. 1372(a)) by inserting “or title III” after “this title” the first place it appears;

11. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 24(c)(9) · 108 Stat. 532

    Changed · 16 U.S.C. § 1372(a)

    Pub. L. 103–238, § 24(c)(9), which directed technical amendment to reference to subchapter V of this chapter in introductory provisions to reflect renumbering of corresponding title of original act, could not be executed to text because of prior amendment by section 13(c) of Pub. L. 103–238. See below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–238, § 24(c)(9), which directed technical amendment to reference to subchapter V of this chapter in introductory provisions to reflect renumbering of corresponding title of original act, could not be executed to text because of prior amendment by section 13(c) of Pub. L. 103–238. See below.

    Enacted provision · exact public law section
    (9) in section 102(a) (16 U.S.C. 1372(a)) by striking “title III” and inserting “title IV”;

12. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 13(c) · 108 Stat. 532

    Inserted · 16 U.S.C. § 1372(a)

    Pub. L. 103–238, § 13(c), in introductory provisions inserted reference to section 1387 of this title and made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–238, § 13(c), in introductory provisions inserted reference to section 1387 of this title and made technical amendment to reference to subchapter V of this chapter to reflect renumbering of corresponding title of original act.

    Enacted provision · exact public law section
    (c) Prohibitions.— Section 102(a) (16 U.S.C. 1372(a)) is amended by striking “and 114 of this title or title III” and inserting “114, and 118 of this title and title IV”.

13. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 5(a)(1) · 108 Stat. 532

    Substituted · 16 U.S.C. § 1372(a)(2)(B)

    Pub. L. 103–238, § 5(a)(1), substituted “to take or import” for “for any purpose in any way connected with the taking or importation of”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 103–238, § 5(a)(1), substituted “to take or import” for “for any purpose in any way connected with the taking or importation of”.

    Enacted provision · exact public law section
    (1) in paragraph (2)(B) by striking “for any purpose in any way connected with the taking or importation of” and inserting “to take or import”; and

14. 1994

    Marine Mammal Protection Act Amendments of 1994

    Pub. L. 103–238 § 5(a)(2) · 108 Stat. 532

    1. Substituted · 16 U.S.C. § 1372(a)(4)

       Pub. L. 103–238, § 5(a)(2), substituted “export, or offer to purchase, sell, or export” for “or offer to purchase or sell”

    2. Substituted · 16 U.S.C. § 1372(a)(4)

       Pub. L. 103–238, § 5(a)(2), substituted “product—” for “product; and”

    3. Added · 16 U.S.C. § 1372(a)(4)

       Pub. L. 103–238, § 5(a)(2), added subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–238, § 5(a)(2), substituted “export, or offer to purchase, sell, or export” for “or offer to purchase or sell” and “product—” for “product; and” and added subpars. (A) and (B).

    Enacted provision · exact public law section
    (2) in paragraph (4) by— (A) striking “or offer to purchase or sell” and inserting “export, or offer to purchase, sell, or export”; (B) striking “product; and” and inserting “product—”; and (C) inserting after and below the text of the paragraph the following: “(A) that is taken in violation of this Act; or “(B) for any purpose other than public display, scientific research, or enhancing the survival of a species or stock as provided for under subsection 104(c); and”.

17 of 17 references resolved to an enrolled provision