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pdf50 CFR 216.105 (up to date as of 7/21/2025)
Specific regulations.
50 CFR 216.105 (July 21, 2025)
This content is from the eCFR and is authoritative but unofficial.
Title 50 —Wildlife and Fisheries
Chapter II —National Marine Fisheries Service, National Oceanic and Atmospheric
Administration, Department of Commerce
Subchapter C —Marine Mammals
Part 216 —Regulations Governing the Taking and Importing of Marine Mammals
Subpart I —General Regulations Governing Small Takes of Marine Mammals Incidental to
Specified Activities
Source: 61 FR 15887, Apr. 10, 1996, unless otherwise noted.
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.
§ 216.105 Specific regulations.
(a) For all petitions for regulations under this paragraph, applicants must provide the information requested in
§ 216.104(a) on their activity as a whole, which includes, but is not necessarily limited to, an assessment
of total impacts by all persons conducting the activity.
(b) For allowed activities that may result in incidental takings of small numbers of marine mammals by
harassment, serious injury, death or a combination thereof, specific regulations shall be established for
each allowed activity that set forth:
(1) Permissible methods of taking;
(2) Means of effecting the least practicable adverse impact on the species and its habitat and on the
availability of the species for subsistence uses; and
(3) Requirements for monitoring and reporting, including requirements for the independent peer-review
of proposed monitoring plans where the proposed activity may affect the availability of a species or
stock for taking for subsistence uses.
(c) Regulations will be established based on the best available information. As new information is developed,
through monitoring, reporting, or research, the regulations may be modified, in whole or in part, after
notice and opportunity for public review.
50 CFR 216.105(c) (enhanced display)
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