Instructions to Apply for Authorization to Import/Export Pre-Act Marine Mammal Parts/Products

Marine mammal parts or products from non-endangered species may be imported without a permit if the animals that the parts were derived from were taken before December 21, 1972, the date that the Marine Mammal Protection Act (MMPA) went into effect. Marine mammal parts or products from endangered species must be considered antique (i.e., at least 100 years old at the time of the application). A pre-Act status may be established by sending:

Chief, Permits, Conservation and Education Division
Office of Protected Resources, National Marine Fisheries Service
1315 East-West Highway, Room 13705
Silver Spring, MD 20910

an affidavit as follows:

1. The affiant's (i.e., the applicant making the affidavit) name and address;

2. Identification of the applicant (i.e., a summary of the applicant's experience and credentials);

3. A description of the marine mammal part or product(s);

4. For non-endangered species, a statement by the applicant that, "to the best of my knowledge and belief, the marine mammals involved in this application were taken prior to December 21, 1972; "and for endangered species, a statement by the applicant that, "to the best of my knowledge and belief, the marine mammals involved in this application were taken no less than 100 years prior to this statement;"

5. A statement by the applicant in the following language:

   For non-ESA listed marine mammals:

   "The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of [item(s)] under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1421) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of 1972."

   For ESA-listed marine mammals:

   "The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of [item(s)] under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1421), regulations promulgated thereunder, the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of 1972 and Endangered Species Act of 1973."

6. An exhibit must be attached to the affidavit and must contain either:

   For non-ESA listed marine mammals:

   1. Records or other available evidence showing that the part or product consists of or is composed in whole or in part of marine mammals taken prior to December 21, 1972. Such records or other evidentiary material must include information on how, when, where, and by whom the animals were taken, what processing has taken place since taking, and the date and location of such processing; or,

   2. A statement from a government agency of the country of origin exercising jurisdiction over marine mammals that any and all such mammals from which the parts or products sought to be imported were derived were taken prior to December 21, 1972.

   For ESA-listed marine mammals:

   3. Records or other available evidence showing that the part or product consists of or is composed in whole or in part of marine mammals taken no less than 100 years ago. Such records or other evidentiary material must include information on how, when, where, and by whom the animals were taken, what processing has taken place since taking, and the date and location of such processing; or

   4. A statement from a government agency of the country of origin exercising jurisdiction over marine mammals that any and all such mammals from which the parts or products sought to be imported were derived were taken not less than 100 years ago.

Please be aware that all cetaceans, i.e. whales and dolphins, as well as several pinniped species, are also protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). International shipments containing wildlife parts or products of these species must be accompanied by permits issued under CITES. Please contact the U.S. Fish and Wildlife Service's CITES Management Authority, at telephone 1-800-358-2104 or 703-358-2104, in order to obtain a CITES document for your proposed shipment. You may also obtain the application forms for such permits online by visiting the U.S. Fish and Wildlife Service's web page.