Letter of Determination for Protected Species Parts and Products

A Letter of Determination allows you to possess, import, export, and sell (in certain circumstances) protected species parts or products.

Overview

About

A Letter of Determination allows you to possess, import, export, and sell (in certain circumstances) protected species parts or products.

A part is an unaltered piece of a marine mammal or protected species (e.g., a narwhal tusk, bowhead baleen, sawfish rostrum). The term "part" also refers to soft parts (e.g., a tissue sample, gametes, blood) and parts derived from tissues, such as DNA.

A product is an item wholly or partially composed of a marine mammal or protected species (e.g., a fur seal coat, scrimshaw sperm whale tooth, baleen corset).

If you have a protected species part or product in your possession, you will need a Letter of Determination to import, export, and sell your item. You may request this letter by submitting an application with supporting documentation for our review. You must be able to document the age and origin of the item. We make this determination once for an item. You must keep the letter with the item during future actions (e.g., import, export, sale) as evidence of our determination.

This authorization is for:

• Marine mammal parts taken from an animal prior to December 21, 1972 - the effective date of the Marine Mammal Protection Act. These are considered Pre-Act parts.
• Products made from marine mammal parts that were taken prior to December 21, 1972. These are considered Pre-Act products.
• Parts or products from protected species listed under the Endangered Species Act that are over 100 years old and have not been modified or repaired with any part of such a species since December 28, 1973 - the effective date of the ESA. These are considered “antique” parts or products.
• Parts or products from protected species listed under the ESA that have been in a “controlled environment” since December 28, 1973, or the date the species was added to the ESA, provided the item has not been involved in commerce. This means that custody of the item can be traced back to 1973 or the listing date and, during this time, the item was not bought or sold.

This authorization is not for:

• Any MMPA or ESA-listed part that does not meet the categories listed above or lacks documentation verifying the age of the part.
• Collection of parts from any marine mammal or protected species.

All marine mammals are protected by the Marine Mammal Protection Act (MMPA) and endangered and threatened species are protected under the Endangered Species Act (ESA). These laws regulate what can and cannot be done with live animals and with parts of those animals.

The MMPA and ESA prohibit the collection (i.e. take), import, export, and receipt of protected species parts. Without a Letter of Determination, you are in violation of the law.

What You Will Need

You will need to provide s upporting documentation in addition to your application. These are records or other evidence that document the age of the part or product. We suggest you provide all documentation that you have for your protected species part. Examples include invoices, receipts, photographs, appraisals, and expert opinions. Please note that e very request is different and is reviewed on a case-by-case basis. We cannot guarantee that your particular documentation will be sufficient to result in a letter of determination.

How to Apply

You will need to complete an application and provide documentation regarding the age and custody of your item.

Send your completed application and supporting documentation via:

1. Email: nmfs.pr1.apps@noaa.gov

2. Fax: 301-713-0376

Permits and Conservation Division
Office of Protected Resources
SSMC#3-F/PR1
1315 East-West Highway, Room 13705
Silver Spring, Maryland 20910-3282

Or you may call our office at 301-427-8401 to obtain an email address or fax number where you can send your request.

What Happens After You Submit

You can expect your request to be reviewed and processed in one month.

If we review your application and the application instructions were not followed (including the specific language found in Sections 4 and 5), the application will be withdrawn.

If you receive a Letter of Determination

You should keep your letter with the item and use it for future actions (e.g., import, export, sale) as evidence of our MMPA and ESA determination. We make this determination once for an item.

More Information

If you are going to import or export parts from species listed on the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) you will need a CITES Permit. For further information, please visit the U.S. Fish and Wildlife Service's ePermits.

In addition, your samples must be declared and cleared through a U.S. Fish and Wildlife Service port designated for wildlife. A Wildlife Declaration Form 3-177 must be filed with the USFWS inspector at the time of import or export. Contact the appropriate port for details about how to declare and clear your shipment prior to shipping your samples.