§ 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:

    (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

    (b) Any take that fails to comply with this subpart or with the terms and conditions of an LOA

    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.