§ 18.105 Authorized take allowed under an LOA.

(a) To incidentally take marine mammals pursuant to the regulations in this subpart, the applicant must apply for and obtain an LOA in accordance with §§ 18.27(f), 18.103, and 18.104. (b) An LOA issued under this subpart allows for the nonlethal, incidental, but not intentional take by harassment, as defined under section 3 of the MMPA (16 U.S.C. 1362), of sea otters during activities specified in § 18.100 within the Seward, Sitka, and Kodiak ITR region of Alaska described in § 18.101. (c) Each LOA will set forth: (1) Permissible methods of incidental take; (2) Means of effecting the least practicable adverse impact on the species, its habitat, and the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (d) Allowable take under these regulations is limited to take by Level B harassment and Level A harassment (as those terms are defined at 16 U.S.C. 1362). (e) Each LOA will identify terms and conditions for each activity and location.