Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 50 CFR 18.27

Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et seq.) authorizes the Secretary of the Interior (Secretary) to allow, upon request, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specific geographic region for periods of not more than 1 year. The U.S. Fish and Wildlife Service (we, Service) will authorize incidental take by harassment if statutory and regulatory procedures are followed and the Service finds: (i) take is of a small number of marine mammals of a species or stock, (ii) take will have a negligible impact on the species or stock, and (iii) take will not have an unmitigable adverse impact on the availability of the species or stock for taking for subsistence uses by Alaska Natives.

The latest form for Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 50 CFR 18.27 expires 2026-08-31 and can be found here.

Incidental Harassment Authorization – Application (Private Sector)

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