Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 50 - Wildlife and Fisheries |
Chapter I - United States Fish and Wildlife Service, Department of the Interior |
SubChapter B - Taking, Possession, Transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants |
Part 18 - Marine Mammals |
Subpart J - Nonlethal Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, and Production Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska |
§ 18.127 - Monitoring.
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§ 18.127 Prohibited take under a Letter of Authorization (LOA).
Except as otherwise provided in this subpart, prohibited taking is described in § 18.11 as well as:
(b) Any take that fails to comply with this subpart or with the terms and conditions of an LOA(a) Intentional take, Level A harassment, as defined in section 3 of the Marine Mammal Protection Act (16 U.S.C. 1371 et seq.), and lethal incidental take of polar bears or Pacific walruses; and
Monitoring.
Holders of an LOA must develop and implement a site-specific, Service-approved marine mammal monitoring and mitigation plan to monitor and evaluate the effectiveness of mitigation measures and the effects of activities on walruses, polar bears, and the subsistence use of these species and provide trained, qualified, and Service-approved onsite observers to carry out monitoring and mitigation activities identified in the marine mammal monitoring and mitigation plan.