comdtinst m16114.32c - U.S. Coast Guard

Part 2 – Operations and Missions
Chapter 2 – Mission Planning
E.4.c. MMPA
Prohibited Acts
Congress enacted the MMPA of 1972 (16 U.S.C. 1361 to 1421(h)) to
help maintain the stability of the marine ecosystem and to maintain an
optimum sustainable marine mammal population, keeping in mind the
carrying capacity of the habitat.
Implementing regulations include:
(01) 50 CFR 10 (prohibitions on taking possession, sale, etc.).
(02) 50 CFR 18 (regulations regarding polar bears, sea otters,
walruses, dugongs, and manatees).
(03) 50 CFR 216 (regulations regarding whales, seals, and sea lions).
(04) 50 CFR 228 (incidental takes).
The MMPA prohibits “takings” of marine mammals; that is, to harass,
hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect,
or kill any marine mammal.
E.4.d. ESA
Prohibited Acts
The Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544) was
enacted to help conserve endangered and threatened species and their
habitats. Implementing regulations include:
(01) 50 CFR 223 (prohibitions on takings).
(02) 50 CFR 224 (requirements for TEDS).
(03) 50 CFR 226 (designation of critical habitats).
The ESA prohibits “takings” of endangered or threatened species; that is
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or to attempt to engage in any such conduct. The ESA also prohibits
persons subject to the jurisdiction of the United States from importing,
possessing, or selling endangered or threatened species.
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