TITLE 50 - WILDLIFE AND FISHERIES

CHAPTER II - NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

SUBCHAPTER C - MARINE MAMMALS

PART 216 - REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS

subpart d - SPECIAL EXCEPTIONS

216.34 - Issuance criteria.

  (a) For the Office Director to issue any permit under this subpart, the applicant must demonstrate that: (1) The proposed activity is humane and does not present any unnecessary risks to the health and welfare of marine mammals; (2) The proposed activity is consistent with all restrictions set forth at 216.35 and any purpose-specific restrictions as appropriate set forth at 216.41, 216.42, and 216.43; (3) The proposed activity, if it involves endangered or threatened marine mammals, will be conducted consistent with the purposes and policies set forth in section 2 of the ESA; (4) The proposed activity by itself or in combination with other activities, will not likely have a significant adverse impact on the species or stock; (5) Whether the applicant's expertise, facilities, and resources are adequate to accomplish successfully the objectives and activities stated in the application; (6) If a live animal will be held captive or transported, the applicant's qualifications, facilities, and resources are adequate for the proper care and maintenance of the marine mammal; and (7) Any requested import or export will not likely result in the taking of marine mammals or marine mammal parts beyond those authorized by the permit.

  (b) The opinions or views of scientists or other persons or organizations knowledgeable of the marine mammals that are the subject of the application or of other matters germane to the application will be considered.

[61 FR 21936, May 10, 1996]