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MMPA Section 109(h)

[TAKING OF MARINE MAMMALS AS PART OF OFFICIAL DUTIES.]

  1. Nothing in this title or title IV shall prevent a Federal, State, or local government official or employee or a person designated under section 112(c) from taking, in the course of his or her duties as an official, employee, or designee, a marine mammal in a humane manner (including euthanasia) if such taking is for—
    1. the protection or welfare of the mammal,
    2. the protection of the public health and welfare, or
    3. the nonlethal removal of nuisance animals.
  2. Nothing in this title shall prevent the Secretary or a person designated under section 112(c) from importing a marine mammal into the United States if such importation is necessary to render medical treatment that is not otherwise available.
  3. In any case in which it is feasible to return to its natural habitat a marine mammal taken or imported under circumstances described in this subsection, steps to achieve that result shall be taken.