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Reference Section
Definitions:
Harassment as
defined in the MMPA:
(A) The term "harassment" means any act
of pursuit, torment, or annoyance which—(i) has the potential to injure
a marine mammal or marine mammal stock in the wild; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not limited
to, migration, breathing, nursing, breeding, feeding, or sheltering.
(B) The term "Level A harassment" means
harassment described in subparagraph (A)(i).
(C) The term "Level B harassment" means
harassment described in subparagraph (A)(ii).
Injury as defined in the MMPA
a wound or other physical harm. Signs of
injury to a marine mammal include, but are not limited to, visible
blood flow, loss of or damage to an appendage or jaw, inability to
use one or more appendages, asymmetry in the shape of the body or
body position, noticeable swelling or hemorrhage, laceration,
puncture or rupture of eyeball, listless appearance or inability to
defend itself, inability to swim or dive upon release from fishing
gear, or signs of equilibrium imbalance. Any animal that ingests
fishing gear, or any animal that is released with fishing gear
entangling, trailing or perforating any part of the body will be
considered injured regardless of the absence of any wound or other
evidence of an injury. (50 CFR 229.2)
Sections of the MMPA:
Section 101
(a)(4)
(A) Except as provided in
subparagraphs (B) and (C), the provisions of this Act shall not
apply to the use of measures—
(i) by the owner of fishing gear
or catch, or an employee or agent of such owner, to deter a
marine mammal from damaging the gear or catch;
(ii) by the owner of other
private property, or an agent, bailee, or employee of such
owner, to deter a marine mammal from damaging private property;
(iii) by any person, to deter a
marine mammal from endangering personal safety; or
(iv) by a government employee, to
deter a marine mammal from damaging public property, so long as
such measures do not result in the death or serious injury of a
marine mammal.
(B) The Secretary shall, through
consultation with appropriate experts, and after notice and
opportunity for public comment, publish in the Federal Register a
list of guidelines for use in safely deterring marine mammals. In
the case of marine mammals listed as endangered species or
threatened species under the Endangered Species Act of 1973, the
Secretary shall recommend specific measureswhich may be used to
nonlethally deter marine mammals. Actions to deter marine mammals
consistent with such guidelines or specific measures shall not be a
violation of this Act.
(C) If the Secretary determines,
using the best scientific information available, that certain forms
of deterrence have a significant adverse effect on marine mammals,
the Secretary may prohibit such deterrent methods, after notice and
opportunity for public comment, through regulation under this Act.
(D) The authority to deter marine
mammals pursuant to subparagraph (A) applies to all marine mammals,
including all stocks designated as depleted under this Act.
Section 109(h)
[TAKING
OF MARINE
MAMMALS
AS PART
OF OFFICIAL
DUTIES.]
—
(1) Nothing in this title or title IV
shall prevent a Federal, State, or local government official or
employee or a person designated under section 112(c) from taking, in
the course of his or her duties as an official, employee, or
designee, a marine mammal in a humane manner (including euthanasia)
if such taking is for—
(A) the protection or welfare of
the mammal,
(B) the protection of the public
health and welfare, or
(C) the nonlethal removal of
nuisance animals.
(2) Nothing in this title shall
prevent the Secretary or a person designated under section 112(c)
from importing a marine mammal into the United States if such
importation is necessary to render medical treatment that is not
otherwise available.
(3) In any case in which it is
feasible to return to its natural habitat a marine mammal taken or
imported under circumstances described in this subsection, steps to
achieve that result shall be taken.
Enforcement:
Questions:
562-980-4050
Report an act of
Harassment: 1-800-853-1964
Policy & Regulations:
562-980-3232
Strandings: 562-980-4017
PICTURES:
| Barriers and Exclusion Devices: |
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Plastic construction mesh fencing, Moss
Landing, CA |
Aluminum pipe with plastic construction mesh
fencing, Monterey, CA
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Bull rail.
San Diego, CA
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PVC piping with netting--not very effective,
Redondo Beach, CA--Before |
3/4" Galvanized steel with 2
chain-link gates and PVCpiping on top
wrung to act as a roller to prevent establishing a foothold
(netting added later on the interior to prevent small animals
from crawling under), Redondo Beach, CA--After
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Closely spaced posts
Moss Landing, CA |
Swim-step
protector
Newport Beach, CA
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| Noise
Makers: |
| Pyrotechnics: |
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Seal Bomb-Requires a permit from Bureau of
Alcohol, Tobacco, Firearms
& Explosives (ATF).
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Crackershell deployment
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Crackershell in the water, Oregon
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Physical Contact: |
| Projectiles: |
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Blunt tip arrow
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| Sprayer Systems: |
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"The
Scarecrow"--motion detector sprinkler system
Newport
Beach, CA |
Overhead sprinklers used to deter marine
mammals from the bait barge. Effective for months after removal.
San Diego, CA
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NMFS SWR
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NMFS PRD |
NMML |
NOAA
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