50 CFR § 216.101-216.108 - General Regulations Governing Small Takes of Marine Mammals Incidental to Specified Activities.

This Subpart of Part 216 of the Code of Federal Regulations (Regulations governing the taking and importing of marine mammals) implement section 101(a)(5) of the Marine Mammal Protection Act of 1972, which provides a mechanism for allowing, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographic region. The taking of small numbers of marine mammals under section 101(a)(5) may be allowed only at specified conditions. In order for the National Marine Fisheries Service to consider authorizing the such taking by U.S. citizens of small numbers of marine mammals incidental to a specified activity (other than commercial fishing), or to make a finding that an incidental take is unlikely to occur, a written request must be submitted to the Assistant Administrator. Holders of an incidental harassment authorization in Arctic waters must cooperate with the National Marine Fisheries Service and other designated Federal, state, or local agencies to monitor the impacts of their activity on marine mammals.