The MMPA's provisions do not apply to a citizen of the United States who incidentally takes any marine mammal during fishing operations in the ETP which are outside the U.S. exclusive economic zone (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802 )), while employed on a fishing vessel of a harvesting nation that is participating in, and in compliance with, the IDCP.
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50 C.F.R. §216.46