50 CFR § 18.105

50 CFR · Wildlife and Fisheries

§ 18.105 — Authorized take allowed under an LOA.

50 CFR § 18.105

TitleTitle 50: Wildlife and Fisheries PartPart 18: Marine Mammals

SourceeCFR (current through Apr 6, 2026)

This text of 50 C.F.R. § 18.105 (Authorized take allowed under an LOA.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

50 C.F.R. § 18.105 (2026).

Text

§ 18.105 Authorized take allowed under an LOA.

(a)To incidentally take marine mammals pursuant to the regulations in this subpart, the applicant must apply for and obtain an LOA in accordance with §§ 18.27(f), 18.103, and 18.104.

(b)An LOA issued under this subpart allows for the nonlethal, incidental, but not intentional take by harassment, as defined under section 3 of the MMPA (16 U.S.C. 1362), of sea otters during activities specified in § 18.100 within the Seward, Sitka, and Kodiak ITR region of Alaska described in § 18.101.

(c)Each LOA will set forth:

(1)Permissible methods of incidental take;

(2)Means of effecting the least practicable adverse impact on the species, its habitat, and the availability of the species for subsistence uses; and

(3)Requirements for monitoring a

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§ 18.105 Authorized take allowed under an LOA.

(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the applicant must apply for and obtain an LOA in accordance with §§ 18.27(f), 18.103, and 18.104.

(b) An LOA issued under this subpart allows for the nonlethal, incidental, but not intentional take by harassment, as defined under section 3 of the MMPA (16 U.S.C. 1362), of sea otters during activities specified in § 18.100 within the Seward, Sitka, and Kodiak ITR region of Alaska described in § 18.101.

(c) Each LOA will set forth:

(1) Permissible methods of incidental take;

(2) Means of effecting the least practicable adverse impact on the species, its habitat, and the availability of the species for subsistence uses; and

(3) Requirements for monitoring and reporting.

(d) Allowable take under these regulations is limited to take by Level B harassment and Level A harassment (as those terms are defined at 16 U.S.C. 1362).

(e) Each LOA will identify terms and conditions for each activity and location.