Glossary

Coastal Barrier Resources Act (CBRA)

This glossary is intended to give the meaning of key words but does not necessarily provide a legal definition or thorough description. Legal definitions can be found in the CBRA (16 U.S.C. 3501 et seq.) and throughout its implementing regulations in the Code of Federal Regulations.

Associated aquatic habitat

Aquatic habitat associated with coastal barriers, including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters.

Coastal barrier

(a) A depositional geologic feature (such as a bay barrier, tombolo, barrier spit, or barrier island) that is subject to wave, tidal, and wind energies and protects landward aquatic habitats from direct wave attack; and (b) all associated aquatic habitats, including the adjacent wetlands, marshes, estuaries, inlets, and nearshore waters.

Consultation

The process required of a federal agency under the CBRA (16 U.S.C. 3505(a)) prior to making federal expenditures or financial assistance available within the John H. Chafee Coastal Barrier Resources System (CBRS); consultation is with the U.S. Fish and Wildlife Service (Service).

Fastland

The portion of a coastal barrier between the mean high tide line on the ocean side, and the upper limit of tidal vegetation (or, if such vegetation is not present, the mean high tide line) on the landward side of the coastal barrier.

Five-year review

The CBRA directs the Secretary of the Interior to review the maps of the CBRS at least once every five years and make any minor and technical modifications necessary to reflect changes in the size or location of the CBRS units as a result of natural forces.

Inholding

Developed or undeveloped private tracts of land that are not held for conservation or recreation purposes by their owners, and are contained within the exterior boundaries of the areas held primarily for wildlife refuge, sanctuary, recreation, or natural resource conservation purposes.

John H. Chafee Coastal Barrier Resources System (CBRS or System)

A defined set of geographic units along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts established under the CBRA and its amendments. It contains both System units and otherwise protected areas. The CBRS is depicted on a set of maps maintained by the Secretary of the Interior entitled “John H. Chafee Coastal Barrier Resources System”.

Otherwise protected area (OPA)

Any undeveloped coastal barrier within the boundaries of an area established under federal, state, or local law, or held by a qualified organization, primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes that is included within the CBRS established by the CBRA (16 U.S.C. 3503). The only federal funding prohibition within OPAs is on federal flood insurance.

Property determination

An official determination made by the Service as to whether a property and/or structure is located “in” or “out” of the CBRS.

Reclassify

When the Service proposes to change a System unit to an otherwise protected area, or vice-versa., based on when the particular area was included within the CBRS and whether the area was held for conservation or recreation at the time it was included.

Structure

A walled and roofed building, other than a gas or liquid storage tank, that: (a) is principally above ground and affixed to a permanent site, including a manufactured home on a permanent foundation; and (b) covers an area of at least 200 square feet.

System unit

Any undeveloped coastal barrier, or combination of closely-related undeveloped coastal barriers, included within the CBRS established by the CBRA (16 U.S.C. 3503). Most new federal expenditures and financial assistance, including federal flood insurance, are prohibited within System units.

 

Endangered Species Act (ESA)

This glossary is intended to give the meaning of key words but does not necessarily provide a legal definition or thorough description. To locate the definitions of legal terms, please see the end of this document.

Action

An activity or program of any kind authorized, funded, or carried out, in whole or in part, by a federal agency in the U.S. or upon the high seas, such as: (a) an action intended to conserve listed species or their habitat; (b) the promulgation of a regulation; (c) the granting of a license, contract, lease, easement, right-of-way, permit, or grant-in-aid; or (d) an action directly or indirectly causing modification to the land, water, or air.

Action area

All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Biodiversity

The variety of life and its processes, including the variety of living organisms, the genetic differences among them, and the communities and ecosystems in which they occur.

Biological assessment

A document prepared for the section 7 process to determine whether a proposed major construction activity under the authority of a federal action agency is likely to adversely affect listed species, proposed species, or designated critical habitat.

Biological opinion

A document stating the opinion of the Service or NOAA Fisheries on whether or not a federal action is likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat.

Candidate Conservation Agreement (CCA)

A voluntary agreement between the Service or NOAA Fisheries and other federal or non-federal landowners that identifies specific conservation measures that the participants of the agreement will undertake to conserve species covered by the agreement, none of which are listed under the Endangered Species Act, with the intention of preventing any need to list the species.

Candidate Conservation Agreement with Assurances (CCAA)

A voluntary agreement between the Service and a non-federal property owner who agrees to manage lands or waters to remove threats to candidate or proposed species, or other species of concern, with assurances that the property owner's conservation efforts will not result in future regulatory obligations that exceed those agreed to at the time the agreement is signed; it authorizes take through a section 10 permit if the species is later listed.

Candidate species (candidate)

A plant or animal species for which the Service or NOAA Fisheries has on file sufficient information on biological vulnerability and threats to support a proposal to list as endangered or threatened. NOAA Fisheries has a different definition of candidate than we do. NOAA Fisheries' includes species for which they have made a substantial 90-day finding but they have not done a 12-month finding so they may not have sufficient information.

CITES

The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, regulating or prohibiting international commerce of plant and animal species believed to be harmed by or that may be harmed by international trade. The authority to implement this is under section 8 of the ESA.

Conference

The interagency cooperation process required for a federal action that is likely to jeopardize the continued existence of a species proposed for listing or result in the destruction or adverse modification of proposed critical habitat.

Conservation banking

A method used to offset impacts occurring elsewhere to the same listed species. A "bank" consists of non-federal land containing natural resource values conserved and managed in perpetuity.

Conservation recommendation

A suggestion that the Service or NOAA Fisheries may provide with a biological opinion describing discretionary conservation actions; it is advisory and does not carry any binding legal force.

Conserve, conserving, and conservation

The use of methods and procedures necessary to bring any endangered or threatened species to the point at which the measures provided under the Endangered Species Act are no longer necessary; includes research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking.

Consultation

The process required of a federal agency under section 7 of the ESA when any activity authorized, carried out, or conducted by that agency may affect a listed species or designated critical habitat; consultation is with the Service or NOAA Fisheries and may be either informal or formal.

Critical habitat

Specific geographic areas, whether occupied by a listed species or not, that are essential for its conservation and that have been formally designated by rule published in the Federal Register.

Cumulative effects

For purposes of consultation under the ESA, the effects of future state or private activities not involving federal activities that are reasonably certain to occur within the action area of an action subject to consultation. Cumulative effects are defined differently for purposes of the National Environmental Policy Act (NEPA).

Delist

To remove an animal or plant species from the list of endangered and threatened wildlife and plants.

Destruction or adverse modification of critical habitat

A direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species.

Distinct population segment (DPS)

A subdivision of a vertebrate species that is treated as a species for purposes of listing under the Endangered Species Act. To be so recognized, a potential distinct population segment must satisfy standards specified in a Service or NOAA Fisheries policy statement (See the February 7, 1996, Federal Register, pages 4722-4725). The standards require it to be separable from the remainder of and significant to the species to which it belongs.

Ecosystem

A dynamic and interrelating complex of plant and animal communities and their associated nonliving (such as physical and chemical) environment.

Ecosystem approach

A philosophy of resource management that focuses on protecting or restoring the function, structure, and species composition of an ecosystem, recognizing that all components are interrelated.

Endangered species

An animal or plant species in danger of extinction throughout all or a significant portion of its range.

Endemic species

A species native and confined to a certain region; generally used for species with comparatively restricted distribution.

Enhancement of survival permit

A type of permit issued by the Service under the authority of section 10(a)(1)(A) of the Endangered Species Act. It allows an otherwise prohibited action that benefits the conservation of a listed species. These permits are issued as part of a Safe Harbor Agreement or Candidate Conservation Agreement with Assurances.

Essential experimental population

An experimental population whose loss would appreciably reduce the prospect of survival of the species in the wild. All other experimental populations are "non-essential."

Evolutionarily significant unit (ESU)

A Pacific salmonid stock that is substantially reproductively isolated from other stocks of the same species and which represents an important part of the evolutionary legacy of the species. Life history, ecological, genetic, and other information can be used to determine whether a stock meets these two criteria. NOAA Fisheries uses this designation.

Experimental population

A population (including its offspring) of a listed species designated by rule published in the Federal Register that is wholly separate geographically from other populations of the same species. An experimental population may be subject to less stringent prohibitions than are applied to the remainder of the species to which it belongs.

Extinct species

A species that no longer exists. For ESA, a species currently believed to be extinct

Extirpated species

A species that no longer survives in regions that were once part of its range, but that still exists elsewhere in the wild or in captivity.

Federal action agency

Any department or agency of the U.S. proposing to authorize, fund, or carry out an action under existing authorities.

Federal Register

The official daily publication for actions taken by the Federal Government, such as Rules, Proposed Rules, and Notices of federal agencies and organizations, as well as Executive Orders and other Presidential Documents.

Formal consultation

The required process under section 7 of the ESA between the Service or NOAA Fisheries and a federal agency or applicant conducted when a federal agency determines its action is likely to adversely affect a listed species or its critical habitat; used to determine whether the proposed action is likely to jeopardize the continued existence of listed species or adversely modify critical habitat. This determination is stated in a biological opinion.

Habitat

The place or environment where a plant or animal naturally lives and grows (a group of particular environmental conditions).

Habitat Conservation Plan (HCP)

A plan that outlines ways of maintaining, enhancing, and protecting a given habitat type needed to protect species; usually includes measures to minimize impacts, and may include provisions for permanently protecting land, restoring habitat, and relocating plants or animals to another area. Required before an incidental take permit may be issued.

Harass

To intentionally or negligently, through act or omission, create the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns such as breeding, feeding, and sheltering (defined by Service regulation; NOAA Fisheries has not defined "Aharass" by regulation).

Harm

To perform an act that kills or injures wildlife; may include significant habitat modification or degradation when it kills or injures wildlife by significantly impairing essential behavioral patterns including breeding, feeding, or sheltering.

Historic range

The geographic area where a species was known to or believed to occur within historic time.

Imperiled species

see Species of concern

Implementation schedule

An outline of actions, with responsible parties, estimated costs and timeframes, for meeting the recovery objectives described in a species' recovery plan.

Incidental take

Take that results from, but is not the purpose of, carrying out an otherwise lawful activity.

Incidental take permit

A permit issued under section 10(a)(1)(B) of the ESA to a non-federal party undertaking an otherwise lawful project that might result in the take of an endangered or threatened species. Application for an incidental take permit is subject to certain requirements, including preparation by the permit applicant of a conservation plan, generally known as a "Habitat Conservation Plan" or "HCP."

Incidental take statement

The part of a non-jeopardy biological opinion that estimates the amount or extent of incidental take of listed species likely to result from the action subject to consultation and exempts that take from section 9 take prohibitions. Per section 7(o)(2) of the ESA, actions that are conducted in conformance with the terms and conditions of an incidental take permit are exempt from the section 9(a)(1) prohibitions on take.

Indirect effect

An effect caused by a proposed action that takes place later in time than the action, but is still reasonably certain to occur.

Informal consultation

An optional process that includes all discussions, correspondence, etc., between the Service or NOAA Fisheries and the federal agency or the designated non-federal representative prior to formal consultation, if required.

Interdependent action

An action that has no independent utility apart from the proposed action that is subject to consultation.
Interrelated action An action that is part of a larger action, and that depends on the larger action for its justification.

Interstate commerce permit

A permit issued under section 10(a)(1)(A) of the ESA that allows the transport and sale of federally listed species across state lines for scientific research and other activities benefiting the recovery of the species.

Jeopardy biological opinion

A Service or NOAA Fisheries section 7 biological opinion determining that a federal action is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.

Jeopardize the continued existence of

To engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species.

Lead agency

An agency from among two or more agencies involved in a proposed federal action that is assigned lead responsibility for a consultation. When a federal action involves more than one federal agency, the agencies may coordinate to designate a lead agency for purposes of consultation with the Service or NOAA Fisheries.

Lead region

The Service region responsible for coordinating all actions taken to study, propose, list, conserve, and delist a species.

Lead office

The Service field office responsible for coordinating all or most actions taken to study, propose, list, conserve, and delist a species. The lead office is given the lead responsibility over the entire range of a species, including anywhere it occurs in other regions.

Listed species

A species, subspecies, or distinct population segment that has been added to the federal list of endangered and threatened wildlife and plants.

Listing

The formal process through which the Service or NOAA Fisheries adds species to the federal list of endangered and threatened wildlife and plants.

Listing priority

A number from 1 to 12 indicating the relative urgency for listing a plant or animal species as threatened or endangered, using criteria that reflect the magnitude and immediacy of threat to the species, as well as its relative taxonomic distinctness or isolation.

Non-jeopardy biological opinion

A Service or NOAA Fisheries section 7 biological opinion that determines that a federal action is not likely to jeopardize the existence of a listed species or result in the destruction or adverse modification of critical habitat.

Partner

Any entity who voluntarily participates with another on a project.
Partnership An informal or formal effort by two or more partners to achieve a shared objective or complete a project.

Permit

Permits enable the public to engage in legitimate wildlife-related activities that would otherwise be prohibited by law. Under ESA, a document issued by the Service or NOAA Fisheries under authority of section 10 of the ESA allowing an action otherwise prohibited under section 9. The Service has two different programs that issue ESA permits. The Endangered Species Program issues ESA permits for native species (except for permits to import/export native species). The Division of Management Authority issues ESA permits for non-native species and also for the import/export of both non-native and native species. NOAA Fisheries issues ESA permits for marine species, and Service/NOAA have joint responsibilities for some species such as sea turtles.

Petition

A formal request from an interested individual to list, reclassify, or delist a species, or to revise critical habitat for a listed species under ESA. Critical habitat can be petitioned for designation under the Administrative Procedures Act.

Primary constituent element

A physical or biological feature essential to the conservation of a species for which its designated or proposed critical habitat is based on, such as space for individual and population growth, and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and habitats that are protected from disturbance or are representative of the species' historic geographic and ecological distribution.

Programmatic consultation

Consultation addressing multiple actions of an agency on a program-wide, regional, or other basis.

Proposed species

A species of animal or plant that is proposed in the Federal Register to be listed under section 4 of the Endangered Species Act.

Range

The geographic area a species is known to or believed to occupy.

Reasonable and prudent alternative (RPA)

A recommended alternative action identified during formal consultation that can be implemented in a manner consistent with the intended purpose of the action, that can be implemented consistent with the scope of the federal agency's legal authority and jurisdiction, that is economically and technologically feasible, and that the Service or NOAA Fisheries believes would not jeopardize the continued existence of listed species or the destruction or adverse modification of designated critical habitat.

Reasonable and prudent measure (RPM)

An action that the Service or NOAA Fisheries believes necessary or appropriate to minimize the impacts (the amount or extent) of incidental take caused by an action that was subject to consultation.

Reclassify

To change a species' official status from threatened to endangered or vice-versa.

Recovery

The process by which the decline of an endangered or threatened species is stopped or reversed, or threats to its survival neutralized so that its long-term survival in the wild can be ensured, and it can be removed from the list of threatened and endangered species.

Recovery outline

The first Service or NOAA Fisheries recovery document provided for a newly listed species. While brief, the document serves to direct recovery efforts pending the completion of the species' recovery plan.

Recovery permit

A permit issued under section 10(a)(1)(A) of the Endangered Species Act for scientific research and other activities benefiting the recovery of federally listed species; allows for research pertaining to species recovery, such as taking blood samples from a peregrine falcon for genetic analysis, or conducting surveys of freshwater mussel beds to determine species status and distribution.

Recovery plan

A document drafted by the Service, NOAA Fisheries, or other knowledgeable individual or group, that serves as a guide for activities to be undertaken by federal, state, or private entities in helping to recover and conserve endangered or threatened species.

Recovery priority

A rank, ranging from a high of 1C to a low of 18, whereby priorities are assigned to listed species and recovery tasks; assignment of rank is based on degree of threat, recovery potential, taxonomic distinctiveness, and presence of an actual or imminent conflict between the species and development activities.

Recovery team

A group of people appointed by the lead Service Regional Director/NOAA Assistant Administrator to guide the recovery of a listed species through such actions as developing a recovery plan or providing guidance on recovery implementation. Members of the recovery team generally include species experts from the Service/NOAA Fisheries, state governments, conservation organizations and the private sector, as well as stakeholders.

Recovery unit

A management sub-unit of the listed entity, geographically or otherwise identifiable, that is essential to the recovery of the entire listed entity; conserves genetic or demographic robustness, important life history stages, or other feature for long-term sustainability of the entire listed entity. Recovery units are optional, but, where used, should collectively encompass the entire listed entity. Recovery criteria for the listed entity should address each identified recovery unit, and every recovery unit must be recovered before the species can be delisted.

Rulemaking

The formal process of publishing a draft and final federal regulation in the Federal Register; establishes a comment period for public input into the decision-making process. For example, plants and animals must be proposed for listing as threatened or endangered, and the resulting public comments must be analyzed, before the Service or NOAA Fisheries can make a final decision.

Safe Harbor Agreement (SHA)

A voluntary agreement signed by the Service or NOAA Fisheries and a property owner and any other cooperator that (a) sets forth specific management activities that the non-federal property owner will undertake or forgo to provide a net conservation benefit to species covered by the agreement, and (b) provides the property owner with the Safe Harbor assurances described within the agreement and authorized in an enhancement of survival permit.

Scientific name

A formal Latin or latinized name applied to a taxonomic group of animals or plants. A species' scientific name is a two-part combination consisting of the genus followed by the species. The name is italicized or underlined. For example, the scientific name of the little brown bat is Myotis lucifugus. The genus name is Myotis, and the species name is lucifugus. If an animal species has been further divided into subspecies, or a plant species further divided into varieties, a third part is added to the scientific name. The Arizona bat is Myotis lucifugus occultus; "occultus" distinguishes the Arizona subspecies from other subspecies of the little brown bat.

Scientific take permit

See Recovery permit.

Section 4(d) rule

A regulation developed by the Service or NOAA Fisheries establishing prohibitions that apply for a threatened species. Any prohibitions adopted must be those necessary and advisable to provide for the conservation of the species.

Similarity of appearance

A species may be treated as endangered or threatened if it resembles in appearance a species which has been listed under section 4 and enforcement personnel would have difficulty distinguishing between the listed and the unlisted species; if the effect of this difficulty is an additional threat to the listed species; and if such treatment of the unlisted species would improve protection for the listed species. A similarity of appearance listing must be formalized by rule.

Special rule

See Section 4(d) rule

Species

For purposes of the Endangered Species Act, this term includes any species or subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.

Species at risk

See Species of concern

Species of concern

An informal term referring to a species that might be in need of con-servation action. This may range from a need for periodic monitoring of populations and threats to the species and its habitat, to the necessity for listing as threatened or endangered. Such species receive no legal protection and use of the term does not necessarily imply that a species will eventually be proposed for listing. A similar term is "species at risk," which is a general term for listed species as well as unlisted ones that are declining in population. Canada uses the term in its new "Species at Risk Act." "Imperiled species" is another general term for listed as well as unlisted species that are declining.

Stakeholder

Any person or organization who has an interest in the actions discussed or is affected by the resulting outcomes of a project or action.

Subspecies

A taxonomic rank below that of species, usually recognizing individuals that have certain heritable characteristics distinct from other subspecies of a species.

Take

To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct; may include significant habitat modification or degradation if it kills or injures wildlife by significantly impairing essential behavioral patterns including breeding, feeding, or sheltering.

Terms and conditions

Required actions described in an Incidental Take Permit under section 10 or Incidental Take Statement intended to implement the Reasonable and Prudent Measures under section 7.

Threatened species

An animal or plant species likely to become endangered within the foreseeable future throughout all or a significant portion of its range.

Warranted but precluded

A 12-month petition finding that a petitioned action should be undertaken, but cannot because the resources necessary to do so are being devoted to actions with higher priority.

* Where to find the legal definitions
Legal definitions can be found in the Endangered Species Act, and throughout its implementing regulations in the Code of Federal Regulations (CFR).

Title 50 of the CFR is called Wildlife and Fisheries and its shorthand designation is written as: 50 CFR. Title 50 contains the regulations governing all programs of the U.S. Fish and Wildlife Service and NOAA Fisheries.

The 50 CFR is subdivided into nearly 700 parts, with each part covering a different general topic. For example, part 17 covers endangered and threatened wildlife and plants. Its shorthand designation is written as: 50 CFR 17.

Part 17 is further subdivided into sections, with each section covering a different specific topic. For example, section 3 contains definitions and its shorthand designation is written as: 50 CFR 17.3. This is just one of many sections in the 50 CFR that contain definitions.

The list of endangered and threatened wildlife is found at 50 CFR 17.11. The corresponding list of endangered and threatened plants is found at 50 CFR 17.12.

 

Marine Mammal Protection Act (MMPA)

This glossary is intended to give the meaning of key words but does not necessarily provide a legal definition or thorough description. To locate the definitions of legal terms, please see the end of this document.

Alaska Native organization

A group designated by law or formally chartered which represents or consists of Indians, Aleuts, or Eskimos residing in Alaska [defined under MMPA Section 3(23)].

Alaskan Native

A person defined in the Alaska Native Claims Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen of the United States who is of one-fourth degree or more Alaska Indian (including Tsimshian Indians enrolled or not enrolled in the Metlaktla Indian Community), Eskimo, or Aleut blood, or combination thereof. The term includes any native, as so defined, either or both of whose adoptive parents are not Natives. It also includes, in the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or town of which he claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native by any Native village or Native town. Any citizen enrolled by the Secretary pursuant to section 5 of the Alaska Native Claims Settlement Act shall be conclusively presumed to be an Alaskan Native for purposes of this part (i.e., 50 CFR Part 18). [defined under 50 CFR 18.3]

Animal Welfare Act (AWA)

Enacted in 1966, in order to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment; assure the humane treatment of animals during transportation in commerce; and protect the owners of animals from the theft of their animals by preventing the sale or use o f animals which have been stolen. [federal statute (7 U.S.C. 2131 et seq.)]

Authentic native articles of handicrafts and clothing

Items composed wholly or in some significant respect of natural materials, and which are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or other mass copying devices. Traditional native handicrafts include, but are not limited to weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. Also see the Service's Guidance on "significantly altered" as it pertains to items made from sea otter. [defined under MMPA Section 101(b)]

Authentic native articles of handicrafts and clothing

Items made by an Indian, Aleut, or Eskimo that (a) are composed wholly or in some significant respect of natural materials and (b) are significantly altered from their natural form and are produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of pantographs, multiple carvers, or similar mass-copying devices. Improved methods of production utilizing modern implements such as sewing machines or modern techniques at a tannery registered pursuant to §18.23(c) may be used so long as no large-scale mass-production industry results. Traditional native handicrafts include, but are not limited to, weaving, carving, stitching, sewing, lacing, beading, drawing, and painting. The formation of traditional native groups, such as cooperatives, is permitted so long as no large-scale mass production results. Also see the Service's Guidance on "significantly altered" as it pertains to items made from sea otter. [as defined under 50 CFR 18.3]

Bona fide research

Scientific research on marine mammals, the results of which: (a) likely would be accepted for publication in a referred scientific journal; (b) are likely to contribute to the basic knowledge of marine mammal biology or ecology; or (c) are likely to identify, evaluate, or resolve conservation problems. [defined under MMPA Section 3(22)]

Citizens of the United States and U.S. citizens

Individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the U.S. or any governmental unit defined in section 3 of the MMPA. U.S. federal, state, and local government agencies also constitute citizens of the United States for purposes of section 18.27. [defined under 50 CFR 18.27(c)]

Depletion or depleted

The term means any case in which: (s) the Secretary, after consultation with the Marine Mammal Commission and its Committee of Scientific Advisors (established under Title II of the MMPA), determines that a species or population stock is below its optimum sustainable population; (b) a state, to which authority is transferred under section 109 of the MMPA, determines that such species or stock is below its optimum sustainable population; or (c) a species or population stock is listed under the U.S. Endangered Species Act. [defined under MMPA Section 3(1)]

Conservation and management

The collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking. [defined under MMPA Section 3(2)]

Fishery

Means: (a) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and (b) any fishing for such stocks. [defined under MMPA Section 3(16)]

Harassment

Any act of pursuit, torment, or annoyance that (a) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (b) 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 (Level B harassment). In the case of a military readiness activity (as defined in section 315(f) of Public Law 107–314) or a scientific research activity conducted by or on behalf of the federal government consistent with section 104(c)(3) of the MMPA, the term "harassment" means: (a) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (b) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered (Level B harassment). [defined under MMPA Section 3(18)]

Humane

In the context of the taking of a marine mammal, it means that method of taking which involves the least possible degree of pain and suffering practicable to the mammal involved. [defined under MMPA Section 3(4)]

Incidental, but not intentional, taking

Takings which are infrequent, unavoidable, or accidental but, not unexpected. [defined under 50 CFR 18.27(c )]

Incidental Harassment Authorization (IHA)

Authorization that may be granted for up to a one-year period for the incidental taking of small numbers of marine mammals within a specified geographical region provided the taking is limited to harassment, will have a negligible impact on the species or stock, and will not have an unmitigable adverse impact on their availability for subsistence purposes. [provided under section 101(a)(5)(D)]

Incidental Take Regulations (ITRs)

Regulations that may be issued for up to a five-year period for the incidental taking of small numbers of marine mammals within a specified geographical region provided the taking will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on their availability for subsistence purposes. [provided under section 101(a)(5)(A)]

Marine mammal

Any mammal which: (a) is morphologically adapted to the marine environment (including sea otters and members of the orders Sirenia, Pinnipedia, and Cetacea); or (b) primarily inhabits the marine environment (such as the polar bear). [defined under MMPA Section 3(6)]

Marine mammal product

Any item of merchandise which consists, or is composed in whole or in part, of any marine mammal. [defined under MMPA Section 3(7)]

Minimum population estimate

An estimate of the number of animals in a stock that is (a) based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and (b) provides reasonable assurance that the stock size is equal to or greater than the estimate. [defined under MMPA Section 3(27)]

Moratorium

A complete cessation of the taking of marine mammals and a complete ban on the importation into the United States of marine mammals and marine mammal products, except as provided in the MMPA. [defined under MMPA Section 3(8)]

Native village or town

Any community, association, tribe, band, clan, or group. [defined under 50 CFR 18.3]

Negligible impact

An impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. [defined under 50 CFR 18.27(c)]

Net productivity rate

The annual per capita rate of increase in a stock resulting from additions due to reproduction, less losses due to mortality. [defined under MMPA Section 3(26)]

Optimum sustainable population

With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. [defined under MMPA Section 3(9)]

Person

Includes (a) any private person or entity; and (b) any officer, employee, agent, department, or instrumentality of the federal government, of any state, or political subdivision thereof, or of any foreign government. [defined under MMPA Section 3(10)]

Population stock or stock

A group of marine mammals of the same species or smaller taxa in a common spatial arrangement, that interbreed when mature. [defined under MMPA Section 3(11)]

Potential biological removal level

The maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. The potential biological removal level is the product of the following factors: (a) the minimum population estimate of the stock; (b) one-half the maximum theoretical or estimated net productivity rate of the stock at a small population size; and (c) a recovery factor of between 0.1 and 1.0. [defined under MMPA Section 3(20)]

Specified activity

Any activity, other than commercial fishing, which takes place in a specified geographical region and potentially involves the taking of small numbers of marine mammals. The specified activity and specified geographical region should be identified so that the anticipated effects on marine mammals will be substantially similar. [defined under 50 CFR 18.27(c)]

Specified geographical region

An area within which a specified activity is conducted and which has similar biogeographic characteristics. [defined under 50 CFR 18.27(c)]

Stock

See Population stock or stock.

Strategic stock

A marine mammal stock (a) for which the level of direct human-caused mortality exceeds the potential biological removal level; (b) which is declining and is likely to be listed under the U.S. Endangered Species Act; or (c) which is listed under the U.S. Endangered Species Act, or is designated as depleted under the MMPA. [defined under MMPA Section 3(19)]

Subsistence

The use by Alaskan Natives of marine mammals taken by Alaskan Natives for food, clothing, shelter, heating, transportation, and other uses necessary to maintain the life of the taker or for those who depend upon the taker to provide them with such subsistence. [defined under 50 CFR 18.3]

Take

To harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal. Take is further defined under 50 CFR 18.3 as harass, hunt, capture, collect, or kill, or attempt to harass, hunt, capture, collect, or kill any marine mammal, including, without limitation, any of the following: collection of dead animals or parts thereof; restraint or detention of a marine mammal, no matter how temporary; tagging a marine mammal; or the negligent or intentional operation of an aircraft or vessel, or the doing of any other negligent or intentional act which results in the disturbing or molesting of a marine mammal. [defined under MMPA Section 3(13)]

Take reduction plan

A plan developed under section 118 of the MMPA. [defined under MMPA Section 3(24)]

Take reduction team

A team established under section 118 of the MMPA. [defined under MMPA Section 3(25)]

Unmitigable adverse impact

An impact resulting from a specified activity that is (a) likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by causing the marine mammals to abandon or avoid hunting areas, directly displacing subsistence users, or placing physical barriers between the marine mammals and the subsistence hunters; and (b) that cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met. [defined under 50 CFR 18.27(c)]

U.S. citizens

See Citizens of the United States and U.S. citizens.

Wasteful manner

Any taking or method of taking which is likely to result in the killing or injuring of marine mammals beyond those needed for subsistence purposes or for the making of authentic native articles of handicrafts and clothing or which results in the waste of a substantial portion of the marine mammal and includes without limitation the employment of a method of taking which is not likely to assure the capture or killing of a marine mammal, or which is not immediately followed by a reasonable effort to retrieve the marine mammal. [defined under 50 CFR 18.3]

* Where to find the legal definitions
Legal definitions can be found in the Marine Mammal Protection Act, and throughout its implementing regulations in the Code of Federal Regulations (CFR).

Title 50 of the CFR is called Wildlife and Fisheries and its shorthand designation is written as: 50 CFR. Title 50 contains the regulations governing all programs of the U.S. Fish & Wildlife Service and NOAA Fisheries.

The 50 CFR is subdivided into nearly 700 parts, with each part covering a different general topic. For example, part 18 covers marine mammals that are managed under the jurisdiction of the U.S. Fish and Wildlife Service; 50 CFR 18.

Part 18 is further subdivided into sections, with each section covering a different specific topic. For example, section 3 contains definitions and its shorthand designation is written as: 50 CFR 18.3. This is just one of many sections in the 50 CFR that contain definitions.

The list of marine mammals under the management jurisdiction of the U.S. Fish and Wildlife Service is found at 50 CFR 18.3 under the definition of marine mammal.