---
kind: "section"
citation: "16 U.S.C. § 1372"
title: "16"
title_heading: "Conservation"
number: "1372"
heading: "Prohibitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1372"
units:
  - "Chapter 31 — Marine Mammal Protection"
  - "Subchapter II — Conservation and Protection of Marine Mammals"
---

# §1372. Prohibitions

- (a) **Taking—** Except as provided in sections [1371](/usc/16/1371.md), [1373](/usc/16/1373.md), [1374](/usc/16/1374.md), [1379](/usc/16/1379.md), [1381](/usc/16/1381.md), [1383](/usc/16/1383.md), [1383a](/usc/16/1383a.md), and [1387](/usc/16/1387.md) of this title and subchapter V, it is unlawful—
  - (1) for any [person](/usc/16/1362.md?p=10) subject to the jurisdiction of the [United States](/usc/16/1362.md?p=14) or any vessel or other conveyance subject to the jurisdiction of the [United States](/usc/16/1362.md?p=14) to [take](/usc/16/1362.md?p=13) any [marine mammal](/usc/16/1362.md?p=6) on the high seas;
  - (2) except as expressly provided for by an international treaty, convention, or agreement to which the [United States](/usc/16/1362.md?p=14) is a party and which was entered into before the effective date of this subchapter or by any statute implementing any such treaty, convention, or agreement—
    - (A) for any [person](/usc/16/1362.md?p=10) or vessel or other conveyance to [take](/usc/16/1362.md?p=13) any [marine mammal](/usc/16/1362.md?p=6) in waters or on lands under the jurisdiction of the [United States](/usc/16/1362.md?p=14); or
    - (B) for any [person](/usc/16/1362.md?p=10) to use any port, harbor, or other place under the jurisdiction of the [United States](/usc/16/1362.md?p=14) to [take](/usc/16/1362.md?p=13) or import [marine mammals](/usc/16/1362.md?p=6) or [marine mammal products](/usc/16/1362.md?p=7); and
  - (3) for any [person](/usc/16/1362.md?p=10), with respect to any [marine mammal](/usc/16/1362.md?p=6) taken in [violation](/usc/16/620e.md?p=11) of this subchapter, to possess that mammal or any product from that mammal;
  - (4) for any [person](/usc/16/1362.md?p=10) to transport, purchase, sell, export, or offer to purchase, sell, or export any [marine mammal](/usc/16/1362.md?p=6) or [marine mammal product](/usc/16/1362.md?p=7)—
    - (A) that is taken in [violation](/usc/16/620e.md?p=11) of this chapter; or
    - (B) for any purpose other than public display, scientific research, or enhancing the survival of a species or [stock](/usc/16/1362.md?p=11) as provided for under sub[section 1374(c) of this title](/usc/16/1374.md?p=c); and
  - (5) for any [person](/usc/16/1362.md?p=10) to use, in a commercial [fishery](/usc/16/1362.md?p=16), any means or methods of fishing in contravention of any regulations or limitations, issued by the [Secretary](/usc/16/1362.md?p=12-A) for that [fishery](/usc/16/1362.md?p=16) to achieve the purposes of this chapter.
- (b) **Importation of pregnant or nursing mammals; depleted species or stock; inhumane taking—** Except pursuant to a permit for scientific research, or for enhancing the survival or recovery of a species or [stock](/usc/16/1362.md?p=11), issued under [section 1374(c) of this title](/usc/16/1374.md?p=c), it is unlawful to import into the [United States](/usc/16/1362.md?p=14) any [marine mammal](/usc/16/1362.md?p=6) if such mammal was—
  - (1) pregnant at the time of [taking](/usc/16/3102.md?p=18);
  - (2) nursing at the time of [taking](/usc/16/3102.md?p=18), or less than eight months old, whichever occurs later;
  - (3) taken from a species or [population stock](/usc/16/1362.md?p=11) which the [Secretary](/usc/16/1362.md?p=12-A) has, by regulation published in the Federal Register, designated as a [depleted](/usc/16/1362.md?p=1) species or [stock](/usc/16/1362.md?p=11); or
  - (4) taken in a manner deemed inhumane by the [Secretary](/usc/16/1362.md?p=12-A).

  Notwithstanding the provisions of paragraphs [(1)](#b-1) and [(2)](#b-2), the [Secretary](/usc/16/1362.md?p=12-A) may issue a permit for the importation of a [marine mammal](/usc/16/1362.md?p=6), if the [Secretary](/usc/16/1362.md?p=12-A) determines that such importation is necessary for the protection or welfare of the animal.

- (c) **Importation of illegally taken mammals—** It is unlawful to import into the [United States](/usc/16/1362.md?p=14) any of the following:
  - (1) Any [marine mammal](/usc/16/1362.md?p=6) which was—
    - (A) taken in [violation](/usc/16/620e.md?p=11) of this subchapter; or
    - (B) taken in another country in [violation](/usc/16/620e.md?p=11) of the law of that country.
  - (2) Any [marine mammal product](/usc/16/1362.md?p=7) if—
    - (A) the importation into the [United States](/usc/16/1362.md?p=14) of the [marine mammal](/usc/16/1362.md?p=6) from which such product is made is unlawful 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](/usc/16/1362.md?p=12-A) has proscribed for [persons](/usc/16/1362.md?p=10) subject to the jurisdiction of the [United States](/usc/16/1362.md?p=14), whether or not any [marine mammals](/usc/16/1362.md?p=6) were in fact taken incident to the catching of the fish.
- (d) **Nonapplicability of prohibitions—** Subsections [(b)](#b) and [(c)](#c) of this section shall not apply—
  - (1) in the case of [marine mammals](/usc/16/1362.md?p=6) or [marine mammal products](/usc/16/1362.md?p=7), as the case may be, to which [subsection (b)(3)](#b-3) of this section applies, to such items imported into the [United States](/usc/16/1362.md?p=14) before the date on which the [Secretary](/usc/16/1362.md?p=12-A) publishes notice in the Federal Register of his proposed rulemaking with respect to the designation of the species or [stock](/usc/16/1362.md?p=11) concerned as [depleted](/usc/16/1362.md?p=1); or
  - (2) in the case of [marine mammals](/usc/16/1362.md?p=6) or [marine mammal products](/usc/16/1362.md?p=7) to which subsection [(c)(1)(B)](#c-1-B) or [(c)(2)(B)](#c-2-B) of this section applies, to articles imported into the [United States](/usc/16/1362.md?p=14) before the effective date of the foreign law making the [taking](/usc/16/3102.md?p=18) or sale, as the case may be, of such [marine mammals](/usc/16/1362.md?p=6) or [marine mammal products](/usc/16/1362.md?p=7) unlawful.
- (e) **Retroactive effect—** This chapter shall not apply with respect to any [marine mammal](/usc/16/1362.md?p=6) taken before the effective date of this chapter, or to any [marine mammal product](/usc/16/1362.md?p=7) consisting of, or composed in whole or in part of, any [marine mammal](/usc/16/1362.md?p=6) taken before such date.
- (f) **Commercial taking of whales—** It is unlawful for any [person](/usc/16/1362.md?p=10) or vessel or other conveyance to [take](/usc/16/1362.md?p=13) any species of whale incident to commercial whaling in waters subject to the jurisdiction of the [United States](/usc/16/1362.md?p=14).

## Source credit

(Pub. L. 92–522, title I, § 102, Oct. 21, 1972, 86 Stat. 1032; Pub. L. 93–205, § 13(e)(3), Dec. 28, 1973, 87 Stat. 903; Pub. L. 95–136, § 4, Oct. 18, 1977, 91 Stat. 1167; Pub. L. 97–58, § 3(a), Oct. 9, 1981, 95 Stat. 981; Pub. L. 100–711, §§ 2(b), 5(b), (e)(2), Nov. 23, 1988, 102 Stat. 4763, 4769, 4771; Pub. L. 102–587, title III, § 3004(a)(1), Nov. 4, 1992, 106 Stat. 5067; Pub. L. 103–238, §§ 5(a), 13(c), 24(c)(9), Apr. 30, 1994, 108 Stat. 536, 558, 566.)

## Notes

### Editorial Notes

### References in Text

The effective date of this subchapter, referred to in subsec. (a)(2), means the effective date of title I of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title.

The effective date of this chapter, referred to in subsec. (e), means the effective date of Pub. L. 92–522. See section 4 of Pub. L. 92–522, set out as an Effective Date note under section 1361 of this title.

### Amendments

1994—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.

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.

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”.

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).

1992—Subsec. (a). Pub. L. 102–587 inserted “or subchapter V” in introductory provisions.

1988—Subsec. (a). Pub. L. 100–711, § 2(b), substituted “1383, and 1383a” for “and 1383”.

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”.

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

1981—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.

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”.

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

1977—Subsec. (f). Pub. L. 95–136 added subsec. (f).

1973—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”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1973 Amendment

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.

### Effective Date

Section effective upon the expiration of the sixty-day period following Oct. 21, 1972, see section 4 of Pub. L. 92–522, set out as a note under section 1361 of this title.