Definitions

Take - The term ‘‘take,’’ as defined by the Marine Mammal Protection Act (MMPA), means to “harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.” The MMPA further defines harassment as ``any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering but which does not have the potential to injure a marine mammal or marine mammal stock in the wild [Level B harassment].''

Incidental, but not intentional taking - “incidental, but not intentional taking” is defined in 50 CFR 18.27 (Regulations governing small takes of marine mammals incidental to specified activities) as “takings which are infrequent, unavoidable, or accidental. It does not mean that the taking must be unexpected.”

Small numbers - The term “small numbers” is defined in 50 CFR 18.27 (Regulations governing small takes of marine mammals incidental to specified activities) as “a portion of a marine mammal species or stock whose taking would have a negligible impact on that species or stock.”

Negligible impact - "negligible impact" is defined in 50 CFR 18.27 (Regulations governing small takes of marine mammals incidental to specified activities) as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

Unmitigable adverse impact - "Unmitigable adverse impact" is defined in 50 CFR 18.27 (Regulations governing small takes of marine mammals incidental to specified activities) as “an impact resulting from the specified activity: (1) that is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by (i) causing the marine mammals to abandon or avoid hunting areas, (ii) directly displacing subsistence users, or (iii) placing physical barriers between the marine mammals and the subsistence hunters; and (2) that cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.”

U.S. citizens - “U.S. citizens” is defined in 50 CFR 18.27 (Regulations governing small takes of marine mammals incidental to specified activities) as “individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13). U.S. Federal, State, and local government agencies shall also constitute citizens of the United states for purposes of this section.”

Last updated: September 10, 2008