The regulations of this subpart apply to:
    
    
        
        (a) 
         All marine mammals and marine mammal parts taken or born in captivity after December 20, 1972; and
     
    
        
        (b) 
         All marine mammals and marine mammal parts that are listed as threatened or endangered under the ESA.
     
    [61 FR 21935, May 10, 1996]