their parts for educational, scientific, or exhibition purposes.

[59 FR 50375, Oct. 3, 1994]

§ 215.2 Definitions.

In addition to definitions contained in the Act, and unless the context otherwise requires, in this part:

(a) Act means the Fur Seal Act, as amended, 16 U.S.C. 1151–1175.

(b) Alaskan Native has the identical meaning under this section as in 50 CFR 216.3.

(c) Assistant Administrator means the Assistant Administrator for Fisheries, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Com

merce.

(d) Fur seal means North Pacific fur seal, scientifically known as Callorhinus ursinus.

(e) Handicraft articles means items made by an Indian, Aleut, or Eskimo from the nonedible byproducts of fur seals taken for personal or family consumption which

(1) Where commonly produced by Alaskan Natives on or before October 14, 1983, and

(2) Are composed wholly or in some significant respect of natural materials, and

(3) Are significantly altered from their natural form and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or similar mass copying devices.

Improved methods of production utilizing modern implements such as sewing machines or modern tanning techniques at a tanner registered under 50 CFR 216.23(c) may be used so long as no large scale mass production industry results. Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. The

formation of traditional native groups, such as a cooperative, is permitted so long as no large scale mass production results.

(f) Public display means, with respect to fur seals, display, whether or not for profit, for the purposes of education or exhibition.

means Indians,

(g) Pribilovians Aleuts, and Eskimos who live on the Pribilof Islands.

(h) Subsistence uses means the customary and traditional uses of fur seals taken by Pribilovians for direct personal or family consumption as food, shelter, fuel, clothing, tools or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fur seals taken for personal or family consumption; and for barter, or sharing for personal or family consumption. As used in this definition

(1) Family means all persons related by blood, marriage, or adoption, or any person living within a household on a permanent basis.

(2) Barter means the exchange of fur seals or their parts, taken for subsist

ence uses

(i) For other wildlife or fish or their parts, or

(ii) For other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.

(i) Wasteful manner means any taking or method of taking which is likely to result in the killing of fur seals beyond those needed for subsistence uses or which results in the waste of a substantial portion of the fur seal and includes, without limitation, the employment of a method of taking which is not likely to assure the capture or killing of a fur seal or which is not immediately followed by a reasonable effort to retrieve the fur seal.

[51 FR 24839, July 9, 1986]

$215.3 Penalties.

(a) Criminal penalties. Any person who knowingly violates any provision of the Act or of any permit issued thereunder or regulation contained in this part will, upon conviction, be fined not more than $20,000 for such violation, or be imprisoned for not more than one year, or both.

(b) Civil penalties. Any person who violates any provision of the Act or of any permit issued thereunder or regulation contained in this part may be assessed a civil penalty of not more than $10,000 for each such violation. [51 FR 24840, July 9, 1986]

Subpart B-Permits for Scientific Research and Public Display

$215.11 Permits for scientific research and public display purposes.

In accordance with the provisions of part 216, subpart D, of this chapter, the Director, Office of Protected Resources, NMFS, may issue permits for the taking, transportation, importation, exportation, or possession of fur seals or their parts for scientific research or public display purposes, and may authorize Level B harassment (defined at § 216.3) of fur seals for scientific research purposes under the General Authorization for Scientific Research set forth at § 216.45.

[59 FR 50375, Oct. 3, 1994]

Subpart C-Administration $215.21 Visits to fur seal rookeries.

From June 1 to October 15 of each year, no person, except those authorized by a representative of the National Marine Fisheries Service, or accompanied by an authorized employee of the National Marine Fisheries Service, shall approach any fur seal rookery or hauling grounds nor pass beyond any posted sign forbidding passage.

$215.22 Dogs prohibited.

In order to prevent molestation of fur seal herds, the landing of any dogs at Pribilof Islands is prohibited.

$215.23 Importation of birds or mammals.

No mammals or birds, except household cats, canaries and parakeets, shall be imported to the Pribilof Islands without the permission of an authorized representative of the National Marine Fisheries Service.