You can legally keep whale bones found on the beach only under a narrow federal rule: the bone, tooth, or piece of ivory must come from a dead marine mammal that is not listed as endangered, it must be found on a beach or within a quarter mile of the ocean, and you must register the item with NOAA Fisheries after picking it up.1eCFR. 50 CFR 216.26 – Collection of Certain Marine Mammal Parts Without Prior Authorization Selling the bone is never allowed, and keeping any part of an endangered whale is a federal offense that can cost more than $33,000 per violation.
What the Beach Collection Rule Allows
Federal regulations permit any person to collect bones, teeth, or ivory from a dead marine mammal found on a beach or on land within a quarter mile of the ocean, including bays and estuaries, without asking permission first.1eCFR. 50 CFR 216.26 – Collection of Certain Marine Mammal Parts Without Prior Authorization The species has to be one that is not listed as endangered or threatened under the Endangered Species Act.
The rule is narrower than it sounds. It covers bones, teeth, and ivory. Nothing else. Soft tissue, baleen, and other remains from a fresh carcass fall outside this exception and should not be picked up. If you come across an intact carcass or a recently dead whale, treat it as a stranding rather than a collectible.
Species you might encounter that are not ESA-listed include minke whales, which appear along the coasts of Alaska, New England, the Mid-Atlantic, and the West Coast.2NOAA Fisheries. Minke Whale Their bones are still protected under the Marine Mammal Protection Act; the regulation simply waives the need for a permit before you pick one up, on the condition that you register it afterward.
Registering the Bone With NOAA Fisheries
Every marine mammal part collected under the beach rule must be registered and identified with NOAA Fisheries.1eCFR. 50 CFR 216.26 – Collection of Certain Marine Mammal Parts Without Prior Authorization Contact the nearest NOAA Fisheries regional office to start the process. The agency’s stranding coordinators handle these inquiries and can confirm whether the species is endangered before you go any further.
The regulation does not set a specific deadline, but registering promptly is the safest approach. An unregistered bone in your possession looks the same to an enforcement officer as a poached one. Before you call, write down where you found the bone, the date, and any identifying features such as size and condition. That record makes the registration cleaner and helps NOAA scientists track stranding patterns.
Whale Species You Cannot Keep
Bones from ESA-listed whales are off-limits to the general public even if they washed up on their own and look weathered.3NOAA Fisheries. Marine Mammal Parts and Products in Alaska That includes blue whales, North Atlantic right whales, and sei whales, among others. The only routes to legal possession involve a scientific research permit or, in limited cases, the Alaska Native exemption discussed below. If you cannot identify the species, call NOAA before you take the bone home.
Selling Whale Bones Is Prohibited
No person may purchase, sell, or trade any marine mammal part collected under the beach-collection rule for commercial purposes, regardless of the species.1eCFR. 50 CFR 216.26 – Collection of Certain Marine Mammal Parts Without Prior Authorization You can legally collect and register a minke whale rib, display it at home, or donate it to a school. Listing it on an online marketplace violates federal law. The commercial ban exists so that no market develops around parts that could otherwise incentivize poaching.
The broader MMPA prohibited-acts section reinforces this: taking, possessing an illegally taken animal, or transporting, purchasing, selling, or exporting any marine mammal product outside of scientific research or public display is unlawful.4Office of the Law Revision Counsel. 16 USC 1372 – Prohibitions
Carrying a Whale Bone Across State Lines
Keeping the bone in your home state is straightforward once it is registered. Interstate transport brings in the Lacey Act, which prohibits moving any wildlife or wildlife product taken, possessed, or sold in violation of federal, state, or tribal law.5U.S. Fish & Wildlife Service. Lacey Act A properly registered bone from a non-endangered species can travel with you. An unregistered bone crossing a state line stacks a Lacey Act violation on top of the underlying MMPA problem.
Penalties for Keeping or Selling Whale Bones Illegally
Civil penalties under the MMPA have been adjusted for inflation and reach $33,181 per violation.6eCFR. Subpart D – Civil Monetary Penalty Inflation Adjustments A knowing violation carries criminal penalties of up to $20,000 in fines and up to one year in prison.7Office of the Law Revision Counsel. 16 USC 1375 – Penalties
If the bone belongs to an ESA-listed species, the Endangered Species Act’s penalties apply and run higher. A knowing violation can result in civil fines up to $25,000 per violation, and criminal conviction carries fines up to $50,000 with up to one year of imprisonment.8Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement Federal agents can seize the specimen on the spot. The fines are per violation, so multiple unregistered bones can compound quickly.
Fossil Whale Bones
The MMPA applies only to extant marine mammal species. A truly fossilized whale bone that is thousands or millions of years old sits outside the statute. Fossil collectors find whale vertebrae and ear bones along eroding coastal bluffs without needing MMPA registration. The catch is that telling the difference is not always easy. Genuine fossils are mineralized, noticeably heavier than fresh bone, and often embedded in sedimentary rock. A weathered modern bone can look ancient after a few years in sun and salt. When in doubt, treat the bone as modern and contact NOAA before keeping it.
Alaska Native Exemption
Federal law grants broader rights to Alaska Natives. Any Indian, Aleut, or Eskimo who resides on the coast of the North Pacific or Arctic Ocean may take marine mammals without a permit for subsistence or to create authentic native handicrafts and clothing.9eCFR. 50 CFR 18.23 – Native Exemptions Finished handicrafts may be sold, but raw, unworked parts generally cannot be transferred to non-Natives. The exemption can extend to parts from ESA-listed species in certain circumstances, a route that is not available to the general public.3NOAA Fisheries. Marine Mammal Parts and Products in Alaska
When to Call the Stranding Network Instead
If what you found is more than a dry bone (a carcass, a dying whale, or fresh remains) report it through NOAA’s stranding network before touching anything. The network runs regional hotlines and a Dolphin and Whale 911 app that files a report with location data from the beach.10NOAA Fisheries. Report a Stranded or Injured Marine Animal Stay at least 150 feet away and keep pets back. Stranding responders will confirm the species, decide whether any parts can legally be collected, and tell you where you stand before you bring anything home.