---
kind: "section"
citation: "50 C.F.R. § 216.37"
title: "50"
number: "216.37"
heading: "Marine mammal parts."
url: "https://uscodex.org/cfr/50/216.37"
---

# §216.37. Marine mammal parts.


With respect to marine mammal parts acquired by take or import authorized under a permit issued under this subpart:

- (a) **Marine mammal parts are transferrable if—**
  - (1) The person transferring the part receives no remuneration of any kind for the marine mammal part;
  - (2) **The person receiving the marine mammal part is—**
    - (i) An employee of NMFS, the U.S. Fish and Wildlife Service, or any other governmental agency with conservation and management responsibilities, who receives the part in the course of their official duties;
    - (ii) A holder of a special exception permit which authorizes the take, import, or other activity involving the possession of a marine mammal part of the same species as the subject part; or
    - (iii) In the case of marine mammal parts from a species that is not depleted, endangered or threatened, a person who is authorized under [section 112(c)](/cfr/50/112.md?p=c) of the MMPA and [subpart C](/cfr/50/subpartC.md) of this part to take or import marine mammals or marine mammal parts;
    - (iv) Any other person specifically authorized by the Regional Director, consistent with the requirements of paragraphs [(a)(1)](#a-1) and [(a)(3) through (6)](#a-3..a-6) of this section.
  - (3) The marine mammal part is transferred for the purpose of scientific research, maintenance in a properly curated, professionally accredited scientific collection, or education, provided that, for transfers for educational purposes, the recipient is a museum, educational institution or equivalent that will ensure that the part is available to the public as part of an educational program;
  - (4) A unique number assigned by the permit holder is marked on or affixed to the marine mammal part or container;
  - (5) The person receiving the marine mammal part agrees that, as a condition of receipt, subsequent transfers may only occur subject to the provisions of [paragraph (a)](#a) of this section; and
  - (6) Within 30 days after the transfer, the person transferring the marine mammal part notifies the Regional Director of the transfer, including a description of the part, the person to whom the part was transferred, the purpose of the transfer, certification that the recipient has agreed to comply with the requirements of [paragraph (a)](#a) of this section for subsequent transfers, and, if applicable, the recipient's permit number.
- (b) Marine mammal parts may be loaned to another person for a purpose described in [paragraph (a)(3)](#a-3) of this section and without the agreement and notification required under paragraphs [(a)(5)](#a-5) and [(6)](#a-6) of this section, if:
  - (1) A record of the loan is maintained; and
  - (2) **The loan is for not more than one year.** Loans for a period greater than 12 months, including loan extensions or renewals, require notification of the Regional Director under [paragraph (a)(6)](#a-6).
- (c) Unless other disposition is specified in the permit, a holder of a special exception permit may retain marine mammal parts not destroyed or otherwise disposed of during or after a scientific research or enhancement activity, if such marine mammal parts are:
  - (1) Maintained as part of a properly curated, professionally accredited collection; or
  - (2) Made available for purposes of scientific research or enhancement at the request of the Office Director.
- (d) Marine mammal parts may be exported and subsequently reimported by a permit holder or subsequent authorized recipient, for the purpose of scientific research, maintenance in a properly curated, professionally accredited scientific collection, or education, provided that:
  - (1) The permit holder or other person receives no remuneration for the marine mammal part;
  - (2) A unique number assigned by the permit holder is marked on or affixed to the marine mammal specimen or container;
  - (3) The marine mammal part is exported or reimported in compliance with all applicable domestic and foreign laws;
  - (4) If exported or reimported for educational purposes, the recipient is a museum, educational institution, or equivalent that will ensure that the part is available to the public as part of an educational program; and
  - (5) Special reports are submitted within 30 days after both export and reimport as required by the Office Director under [§ 216.38](/cfr/50/216.38.md).

## Notes

### Amendments

[61 FR 21937, May 10, 1996]

### Authority

Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

### Source

Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.

### Amendments

[61 FR 21937, May 10, 1996]