cfr_sections
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66 rows where part_number = 18 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:9.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | A | Subpart A—Introduction | 18.1 | § 18.1 Purpose of regulations. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | The regulations contained in this part implement the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things, restricts the taking, possession, transportation, selling, offering for sale, and importing of marine mammals. | |
| 50:50:9.0.1.1.1.1.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | A | Subpart A—Introduction | 18.2 | § 18.2 Scope of regulations. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | (a) This part 18 applies solely to marine mammals and marine mammal products as defined in § 18.3. For regulations under the Act with respect to cetacea (whales and porpoises), pinnipedia, other than walrus (seals and sea lions), see 50 CFR part 216. (b) The provisions in this part are in addition to, and are not in lieu of, other regulations of this subchapter B which may require a permit or prescribe additional restrictions or conditions for the importation, exportation, and interstate transportation of wildlife. (See also part 13 of this subchapter.) | |
| 50:50:9.0.1.1.1.1.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | A | Subpart A—Introduction | 18.3 | § 18.3 Definitions. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55 FR 14978, Apr. 20, 1990; 70 FR 48323, Aug. 17, 2005] | In addition to definitions contained in section 3 of the Act and in part 10 of this subchapter, and unless the context requires otherwise, in this part 18: Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407; Pub. L. 92-522. Alaskan Native means 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. Authentic native articles of handicrafts and clothing means 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 coo… |
| 50:50:9.0.1.1.1.11.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.142 | §18.142 Specified activities covered by this subpart. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | Regulations in this subpart apply to the nonlethal incidental, but not intentional, take, as defined in § 18.3 and under section 3 of the Marine Mammal Protection Act (16 U.S.C. 1371 et seq. ), of small numbers of northern sea otters ( Enhydra lutris kenyoni; hereafter “sea otters”) by the U.S. Coast Guard (hereafter “USCG” or “the applicant”) while engaged in activities associated with or in support of marine construction activities in the Gulf of Alaska. The applicant is a U.S. citizen as defined in § 18.27(c). | |
| 50:50:9.0.1.1.1.11.1.10 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.151 | § 18.151 Reporting requirements. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) Operators must notify the Service at least 48 hours prior to commencement of activities. (b) Monthly reports will be submitted to the Service MMM for all months during which noise-generating work takes place. The monthly report will contain and summarize the following information: dates, times, weather, and sea conditions (including the Beaufort Scale's sea state and wind force conditions) when sea otters were sighted; the number, location, distance from the sound source, and behavior of the sea otters; the associated project activities; and a description of the implementation and effectiveness of mitigation measures with a discussion of any specific behaviors the sea otters exhibited in response to mitigation. (c) A final report will be submitted to the Service within 90 days after the expiration of each LOA. It will include the following: (1) A summary of monitoring efforts (hours of monitoring, activities monitored, number of PSOs, and, if requested by the Service, the daily monitoring logs). (2) A description of all project activities, along with any additional work yet to be done. Factors influencing visibility and detectability of marine mammals ( e.g., sea state, number of observers, and fog and glare) will be discussed. (3) A description of the factors affecting the presence and distribution of sea otters ( e.g., weather, sea state, and project activities). An estimate will be included of the number of sea otters exposed to noise at received levels greater than or equal to 160 dB RMS re: 1 µPa (decibels root-mean squared referenced to 1 microPascal) (based on visual observation). (4) A description of changes in sea otter behavior resulting from project activities and any specific behaviors of interest. (5) A discussion of the mitigation measures implemented during project activities and their observed effectiveness for minimizing impacts to sea otters. Sea otter observation records will be provided to the Service in the form of electronic database or spreadsheet files. (d) All reports must … | |
| 50:50:9.0.1.1.1.11.1.11 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.152 | § 18.152 Information collection requirements. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | [88 FR 24127, Apr. 19, 2023, as amended at 90 FR 27432, June 26, 2025] | The Office of Management and Budget (OMB) has approved the information collection requirements contained in this subpart and assigned OMB Control Number 1018-0202. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimate or any other aspect of the information collection to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). |
| 50:50:9.0.1.1.1.11.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.143 | § 18.143 Specified geographic region where this subpart applies. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) The specified geographic region encompasses areas within 2 kilometers (km) (∼1.25 miles (mi)) of eight USCG facilities within the USCG Civil Engineering Unit, Juneau Area of Responsibility. These facilities are: Base Kodiak, Moorings Seward, Moorings Valdez, Moorings Cordova, Moorings Sitka, Station Juneau, Moorings Petersburg, and Base Ketchikan. (b) The geographic area of the incidental take regulations (ITRs) in this subpart includes all Alaska State waters within the areas listed in paragraph (a) of this section as well as all adjacent rivers, estuaries, and coastal lands where sea otters may occur. | |
| 50:50:9.0.1.1.1.11.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.144 | § 18.144 Dates this subpart is in effect. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | Regulations in this subpart are effective from May 19, 2023, until May 19, 2028. | |
| 50:50:9.0.1.1.1.11.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.145 | § 18.145 Procedure to obtain a Letter of Authorization (LOA). | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) The applicant must submit the request for authorization to the U.S. Fish and Wildlife Service (Service) Alaska Region Marine Mammals Management Office (MMM), MS 341, 1011 East Tudor Road, Anchorage, Alaska, 99503, or by email at r7mmmregulatory@fws.gov, at least 30 days prior to the start of the planned activity. (b) The request for an LOA must comply with the requirements set forth in §§ 18.149 through 18.151 and must include the following information: (1) An operational plan for the activity; (2) A digital geospatial file of the project footprint, including sound isopleths; (3) A site-specific marine mammal monitoring and mitigation plan that specifies the procedures to monitor and mitigate the effects of the activities on sea otters; and (4) When appropriate, a plan of cooperation, which is a documented plan that describes measures to mitigate potential conflicts between planned project activities and subsistence hunting. | |
| 50:50:9.0.1.1.1.11.1.5 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.146 | § 18.146 How the Service will evaluate a request for an LOA. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) The Service will evaluate each request for an LOA to determine if the proposed activity is consistent with the analysis and findings made for the regulations in this subpart. Depending on the results of the evaluation, we may issue the LOA, add further conditions, or deny the LOA. (b) Once issued, the Service may withdraw or suspend an LOA if the project activity is modified in a way that undermines the results of the previous evaluation, if the conditions of the regulations in this subpart are not being substantially complied with, or if the taking allowed is or may be having more than a negligible impact on the affected stock of sea otters or an unmitigable adverse impact on the availability of sea otters for subsistence uses. (c) The Service will make decisions concerning withdrawals of an LOA, either on an individual or class basis, only after notice and opportunity for public comment in accordance with § 18.27(f)(5). The requirement for notice and public comment will not apply should we determine that an emergency exists that poses a significant risk to the well-being of the species or stocks of sea otters. | |
| 50:50:9.0.1.1.1.11.1.6 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.147 | § 18.147 Authorized take allowed under an LOA. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) To incidentally take sea otters pursuant to the regulations in this subpart, the USCG must apply for and obtain an LOA in accordance with §§ 18.27(f) and 18.145. The applicant is a U.S. citizen as defined in § 18.27(c). (b) An LOA allows for the nonlethal, incidental, but not intentional take by harassment of sea otters during activities specified in § 18.142 within the Gulf of Alaska ITR region described in § 18.143. (c) Each LOA will set forth: (1) Permissible methods of incidental take; (2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species, its habitat, and the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (d) Issuance of the LOA(s) must be based on a determination that the level of take will be consistent with the findings made for the total allowable take under the regulations in this subpart. | |
| 50:50:9.0.1.1.1.11.1.7 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.148 | § 18.148 Prohibited take under an LOA. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) Except as otherwise provided in this subpart, prohibited taking is described in § 18.11 as well as: intentional take, lethal incidental take of sea otters, and any take that fails to comply with this subpart or with the terms and conditions of an LOA. (b) If project activities cause unauthorized take, the applicant must take the following actions: (1) Cease activities immediately (or reduce activities to the minimum level necessary to maintain safety) and report the details of the incident to the Service MMM at 1-800-362-5148 (business hours) within 48 hours; and (2) Suspend further activities until the Service has reviewed the circumstances, determined whether additional mitigation measures are necessary to avoid further unauthorized taking, and notified the applicant that project activities may resume. | |
| 50:50:9.0.1.1.1.11.1.8 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.149 | § 18.149 Mitigation. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) Mitigation measures for all LOAs. The applicant, including all personnel operating under the applicant's authority (or “operators,” including contractors, subcontractors, and representatives) must undertake the following activities to avoid and minimize take of sea otters by harassment. (1) Implement policies and procedures to avoid interactions with and minimize to the greatest extent practicable adverse impacts on sea otters, their habitat, and the availability of these marine mammals for subsistence uses. (2) Develop avoidance and minimization policies and procedures, in cooperation with the Service, that include temporal or spatial activity restrictions to be used in response to the presence of sea otters engaged in a biologically significant activity ( e.g., resting, feeding, hauling out, mating, or nursing). (3) Cooperate with the Service's MMM Office and other designated Federal, State, and local agencies to monitor and mitigate the impacts of pile driving and marine construction activities on sea otters. (4) Allow Service personnel or the Service's designated representative to board project vessels or visit project worksites for the purpose of monitoring impacts to sea otters and subsistence uses of sea otters at any time throughout project activities so long as it is safe to do so. (5) Designate trained and qualified protected species observers (PSOs) to monitor for the presence of sea otters, initiate mitigation measures, and monitor, record, and report the effects of the activities on sea otters. The applicant is responsible for providing training to PSOs to carry out mitigation and monitoring. (6) Have an approved mitigation and monitoring plan on file with the Service MMM and onsite that includes the following information: (i) The type of activity and where and when the activity will occur ( i.e., a summary of the plan of operation); (ii) Personnel training policies, procedures, and materials; (iii) Site-specific sea otter interaction risk evaluation and mitigation measures; (iv) Se… | |
| 50:50:9.0.1.1.1.11.1.9 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | L | Subpart L—Nonlethal Taking of Marine Mammals Incidental to Pile Driving and Marine Construction Activities in the Gulf of Alaska | 18.150 | § 18.150 Monitoring. | FWS | 16 U.S.C. 1361 et seq. | 88 FR 24127, Apr. 19, 2023, unless otherwise noted. | (a) Operators must work with PSOs to apply mitigation measures and must recognize the authority of PSOs, up to and including stopping work, except where doing so poses a significant safety risk to personnel. (b) Duties of PSOs include watching for and identifying sea otters, recording observation details, documenting presence in any applicable monitoring zone, identifying and documenting potential harassment, and working with operators to implement all appropriate mitigation measures. (c) A sufficient number of PSOs will be available to meet the following criteria: 100 percent monitoring of exclusion zones during all daytime periods of underwater noise-generating work; a maximum of 4 consecutive hours on watch per PSO; a maximum of approximately 12 hours on watch per day per PSO. (d) All PSOs will complete a training course designed to familiarize individuals with monitoring and data collection procedures. A field crew leader with prior experience as a sea otter observer will supervise the PSO team. Initially, new or inexperienced PSOs will be paired with experienced PSOs so that the quality of marine mammal observations and data recording is kept consistent. Resumes for candidate PSOs will be made available for the Service to review. (e) Observers will be provided with reticule binoculars (10×42), big-eye binoculars or spotting scopes (30×), inclinometers, and range finders. Field guides, instructional handbooks, maps, and a contact list will also be made available. (f) Observers will collect data using the following procedures: (1) All data will be recorded onto a field form or database. (2) Global positioning system data, sea state, wind force, and weather will be collected at the beginning and end of a monitoring period, every hour in between, at the change of an observer, and upon sightings of sea otters. (3) Observation records of sea otters will include date; time; the observer's locations, heading, and speed (if moving); weather; visibility; number of animals; group size and composition (adults/ju… | |
| 50:50:9.0.1.1.1.2.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | B | Subpart B—Prohibitions | 18.11 | § 18.11 Prohibited taking. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] | Except as otherwise provided in subpart C, D, or H of this part 18, or part 403, it is unlawful for: (a) Any person, vessel, or conveyance subject to the jurisdiction of the United States to take any marine mammal on the high seas, or (b) Any person, vessel, or conveyance to take any marine mammal in waters or on lands under the jurisdiction of the United States. |
| 50:50:9.0.1.1.1.2.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | B | Subpart B—Prohibitions | 18.12 | § 18.12 Prohibited importation. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | (a) Except as otherwise provided in subparts C and D of this part 18, it is unlawful for any person to import any marine mammal or marine mammal product into the United States. (b) Regardless of whether an importation is otherwise authorized pursuant to subparts C and D of this part 18, it is unlawful for any person to import into the United States any: (1) Marine mammal: (i) Taken in violation of the Act, or (ii) Taken in another country in violation of the laws of that country; (2) Any marine mammal product if: (i) The importation into the United States of the marine mammal from which such product is made would be unlawful under paragraph (b)(1) of this section, or (ii) The sale in commerce of such product in the country of origin of the product is illegal. (c) Except in accordance with an exception referred to in subpart C and §§ 18.31 and 18.32 of this part, it is unlawful to import into the United States any: (1) Marine mammal which was pregnant at the time of taking; (2) Marine mammal which was nursing at the time of taking, or less than 8 months old, whichever occurs later; (3) Specimen of an endangered or threatened species of marine mammals; (4) Specimen taken from a depleted species or stock of marine mammals; or (5) Marine mammal taken in an inhumane manner. (d) It is unlawful to import into the United States any fish, whether fresh, frozen, or otherwise prepared, if such fish was caught in a manner proscribed by the Secretary of Commerce for persons subject to the jurisdiction of the United States, whether or not any marine mammals were in fact taken incident to the catching of the fish. | |
| 50:50:9.0.1.1.1.2.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | B | Subpart B—Prohibitions | 18.13 | § 18.13 Prohibited uses, possession, transportation, and sales. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] | Except as otherwise provided in the Act or these regulations, it is unlawful for: (a) Any person to use any port, harbor, or other place under the jurisdiction of the United States for any purpose in any way connected with a prohibited taking or any unlawful importation of any marine mammal or marine mammal products; (b) Any person to possess any marine mammal, or product therefrom, taken in violation of the Act or these regulations; (c) Any person to transport, purchase, sell, or offer to purchase or sell any marine mammal or marine mammal product; or (d) Any person subject to the jurisdiction of the United States to use in a commercial fishery, any means or method of fishing in contravention of regulations and limitations issued by the Secretary of Commerce for that fishery to achieve the purposes of this Act. |
| 50:50:9.0.1.1.1.2.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | B | Subpart B—Prohibitions | 18.14 | § 18.14 Marine mammals taken before the Act. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] | (a) Section 102(e) of the Act provides in effect that the Act shall not apply to any marine mammal taken prior to December 21, 1972, or to any marine mammal product consisting of, or composed in whole or in part of, any marine mammal taken before such date. Such status may be established by submitting to the Director prior to, or at the time of importation, an affidavit containing the following: (1) The Affiant's name and address; (2) Identification of the Affiant; (3) A description of the marine mammals or marine mammal products which the Affiant desires to import; (4) A statement by the Affiant that to the best of his knowledge and belief, the marine mammals involved in the application were taken prior to December 21, 1972; (5) A statement by the Affiant in the following language: The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of __________ under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001. The foregoing is principally based on the attached exhibits which, to the best of my knowledge and belief, are complete, true and correct. I understand that this affidavit is being submitted for the purpose of inducing the Federal Government to permit the importation of __________ under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and regulations promulgated thereunder, and that any false statements may subject me to the criminal penalties of 18 U.S.C. 1001. (b) Either one of two exhibits shall be attached to such affidavit, and will contain either: (1) Records or other available evidence showing that the product consists of or is composed in whole or in part of marine mammals taken prior to December 21, 1972. Such records or other evid… |
| 50:50:9.0.1.1.1.3.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.21 | § 18.21 Actions permitted by international treaty, convention, or agreement. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | The Act and these regulations shall not apply to the extent that they are inconsistent with the provisions of any international treaty, convention or agreement, or any statute implementing the same, relating to the taking or importation of marine mammals or marine mammal products, which was existent and in force prior to December 21, 1972, and to which the United States was a party. Specifically, the regulations in subpart B of this part and the provisions of the Act shall not apply to activities carried out pursuant to the Interim Convention on the Conservation of North Pacific Fur Seals signed in Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 1151-1187, as, in each case, from time to time amended. | |
| 50:50:9.0.1.1.1.3.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.22 | § 18.22 Taking by Federal, State or local government officials. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] | (a) A Federal, State or local government official or employee may take a marine mammal in the course of his duties as an official or employee and no permit shall be required, if such taking: (1) Is accomplished in a humane manner; (2) Is for the protection or welfare of such mammal or from the protection of the public health or welfare; and (3) Includes steps designed to insure return of such mammal, if not killed in the course of such taking, to its natural habitat. In addition, any such official or employee may, incidental to such taking, possess and transport, but not sell or offer for sale, such mammal and use any port, harbor or other place under the jurisdiction of the United States. All steps reasonably practicable under the circumstances shall be taken by any such employee or official to prevent injury or death to the marine mammal as the result of such taking. (b) Each taking permitted under this section should be included in a written report, to be submitted to the Director every six months, beginning December 31, 1973. Unless otherwise permitted by the Director, the report shall contain a description of: (1) The animal involved; (2) The circumstances requiring the taking; (3) The method of taking; (4) The name and official position of the State official or employee involved; (5) The disposition of the animal, including in cases where the animal has been retained in captivity, a description of the place and means of confinement and the measures taken for its maintenance and care; and (6) Such other information as the Director may require. The reports shall be mailed to the Director, U.S. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC 20240. |
| 50:50:9.0.1.1.1.3.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.23 | § 18.23 Native exemptions. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45 FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June 28, 1988] | (a) Taking. Except as otherwise provided in part 403 of this title, any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the coast of the North Pacific Ocean or the Arctic Ocean may take any marine mammal without a permit, subject to the restrictions contained in this section, if such taking is: (1) For subsistence purposes, or (2) For purposes of creating and selling authentic native articles of handicraft and clothing, and (3) In each case, not accomplished in a wasteful manner. (b) Restrictions. (1) “Except for a transfer to a duly authorized representative of the Regional Director of the U.S. Fish and Wildlife Service for scientific research purposes, no marine mammal taken for subsistence may be sold or otherwise transferred to any person other than an Alaskan Native or delivered, carried, transported, or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Alaskan Native directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent to the Alaskan Native; or (ii) It is sold or transferred to a registered agent in Alaska for resale or transfer to an Alaskan Native; or (iii) It is an edible portion and it is sold in an Alaskan Native village or town. (2) “Except for a transfer to a duly authorized representative of the Regional Director of the U.S. Fish and Wildlife Service for scientific research purposes, no marine mammal taken for purposes of creating and selling authentic Native articles of handicraft and clothing may be sold or otherwise transferred to any person other than an Indian, Aleut or Eskimo, or delivered, carried, transported or shipped in interstate or foreign commerce, unless: (i) It is being sent by an Indian, Aleut or Eskimo directly or through a registered agent to a tannery registered under paragraph (c) of this section for the purpose of processing, and will be returned directly or through a registered agent t… |
| 50:50:9.0.1.1.1.3.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.24 | § 18.24 Taking incidental to commercial fishing operations. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | Persons may take marine mammals incidental to commercial fishing operations until October 21, 1974: Provided, That such taking is by means of equipment and techniques prescribed in regulations issued by the Secretary of Commerce. However, any marine mammal taken as an incidental catch may not be retained. It shall be the immediate goal that the incidental kill or incidental serious injury of marine mammals permitted in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate. | |
| 50:50:9.0.1.1.1.3.1.5 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.25 | § 18.25 Exempted marine mammals or marine mammal products. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | (a) The provisions of the Act and these regulations shall not apply: (1) To any marine mammal taken before December 21, 1972, or (2) To any marine mammal product if the marine mammal portion of such product consists solely of a marine mammal taken before such date. (b) The prohibitions contained in § 18.12(c) (3) and (4) shall not apply to marine mammals or marine mammal products imported into the United States before the date on which notice is published in the Federal Register of the proposed rulemaking with respect to the designation of the species of stock concerned as depleted or endangered: (c) Section 18.12(b) shall not apply to articles imported into the United States before the effective date of the foreign law making the taking or sale, as the case may be, of such marine mammals or marine mammal products unlawful. | |
| 50:50:9.0.1.1.1.3.1.6 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.26 | § 18.26 Collection of certain dead marine mammal parts. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986] | (a) Any bones, teeth or ivory of any dead marine mammal may be collected from a beach or from land within 1/4 of a mile of the ocean. The term “ocean” includes bays and estuaries. (b) Marine mammal parts so collected may be retained if registered within 30 days with an agent of the National Marine Fisheries Service, or an agent of the U.S. Fish and Wildlife Service. (c) Registration shall include (1) the name of the owner, (2) a description of the article to be registered and (3) the date and location of collection. (d) Title to any marine mammal parts collected under this section is not transferable, unless consented to in writing by the agent referred to in paragraph (b) of this section. |
| 50:50:9.0.1.1.1.3.1.7 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | C | Subpart C—General Exceptions | 18.27 | § 18.27 Regulations governing small takes of marine mammals incidental to specified activities. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989; 55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991; 79 FR 43965, July 29, 2014] | (a) Purpose of regulations. The regulations in this section implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for allowing, upon request, during periods of not more than five consecutive years each, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region. (b) Scope of regulations. The taking of small numbers of marine mammals under section 101(a)(5) of the Marine Mammal Protection Act may be allowed only if the Director of the Fish and Wildlife Service (1) finds, based on the best scientific evidence available, that the total taking during the specified time period will have a negligible impact on the species or stock and will not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses; (2) prescribes regulations setting forth permissible methods of taking and other means of effecting the least practicable adverse impact on the species and its habitat and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating grounds, and areas of similar significance; and (3) prescribes regulations pertaining to the monitoring and reporting of such taking. The information collection requirement contained in this § 18.27 has been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The information is being collected to describe the activity proposed and estimate the cumulative impacts of potential takings by all persons conducting the activity. The information will be used to evaluate the application and determine whether to issue Specific Regulations and, subsequently, Letters of Authorization. Response is required to obtain a benefit. The public reporting burden from this requirement is estimated to vary from 2 to 200 hours per response wi… |
| 50:50:9.0.1.1.1.4.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | D | Subpart D—Special Exceptions | 18.30 | § 18.30 Polar bear sport-hunted trophy import permits. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999; 66 FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001; 79 FR 43965, July 29, 2014] | (a) Application procedure. You, as the hunter or heir of the hunter's estate, must submit an application for a permit to import a trophy of a polar bear taken in Canada to the Division of Management Authority at the address provided at 50 CFR 2.1(b). You must use an official application (Form 3-200) provided by the Service and must include as an attachment all of the following additional information: (1) Certification that: (i) You or the deceased hunter took the polar bear as a personal sport-hunted trophy; (ii) You will use the trophy only for personal display purposes; (iii) The polar bear was not a pregnant female, a female with dependent nursing cub(s) or a nursing cub (such as in a family group), or a bear in a den or constructing a den when you took it; and (iv) For a polar bear taken after April 30, 1994, you made sure the gall bladder and its contents were destroyed; (2) Name and address of the person in the United States receiving the polar bear trophy if other than yourself; (3) For a polar bear received as an inheritance, documentation to show that you are the legal heir of the decedent who took the trophy; (4) Proof that you or the decedent legally harvested the polar bear in Canada as shown by one of the following: (i) A copy of the Northwest Territories (NWT) or Nunavut Territory hunting license and tag number; (ii) A copy of the Canadian CITES export permit that identifies the polar bear by hunting license and tag number; (iii) A copy of the NWT or Nunavut Territory export permit; or (iv) A certification from the Department of Resources, Wildlife, and Economic Development, Northwest Territories, or the Department of Sustainable Development, Nunavut Territory, that you or the decedent legally harvested the polar bear, giving the tag number, location (settlement and population), and season you or the decedent took the bear; (5) An itemized description of the polar bear parts you wish to import, including size and the sex of the polar bear; (6) The month and year the polar bear was sp… |
| 50:50:9.0.1.1.1.4.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | D | Subpart D—Special Exceptions | 18.31 | § 18.31 Scientific research permits and public display permits. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the taking and importation of marine mammals for scientific research purposes or for public display. (a) Application procedure. Applications for permits to take and import marine mammals for scientific research purposes or for public display shall be submitted to the Director. Each such application must contain the general information and certification required by § 13.12(a) of this subchapter plus the following additional information: (1) A statement of the purpose, date, location and manner of the taking or importation; (2) A description of the marine mammal or the marine mammal products to be taken or imported, including the species or subspecies involved; the population stock, when known, the number of specimens or products (or the weight thereof, where appropriate); and the anticipated age, size, sex, and condition ( i.e. , whether pregnant or nursing) of the animals involved; (3) If the marine mammal is to be taken and transported alive, a complete description of the manner of transportation, care and maintenance, including the type, size, and construction of the container or artificial environment; arrangements for feeding and sanitation; a statement of the applicant's qualifications and previous experience in caring for and handling captive marine mammals and a like statement as to the qualifications of any common carrier or agent to be employed to transport the animal; and a written certification of a licensed veterinarian knowledgeable in the field of marine mammals that he has personally reviewed the arrangements for transporting and maintaining the animals and that in his opinion they are adequate to provide for the well-being of the animal; (4) If the application is for a scientific research permit, a detailed description of the scientific research project or program in which the marine mammal or marine mammal product is to be used including a copy of the re… | |
| 50:50:9.0.1.1.1.4.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | D | Subpart D—Special Exceptions | 18.32 | § 18.32 Waiver of the moratorium. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [40 FR 59442, Dec. 24, 1975] | See subpart F (Waiver of the moratorium; State laws and regulations) and subpart G (Notice and Hearing on section 103 Regulations) for procedures regarding waivers of the moratorium in those circumstances where a state provides an acceptable management program for a species or population stock within its jurisdiction. |
| 50:50:9.0.1.1.1.4.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | D | Subpart D—Special Exceptions | 18.33 | § 18.33 Procedures for issuance of permits and modification, suspension, or revocation thereof. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | (a) Whenever application for a permit is received by the director which the director deems sufficient, he shall, as soon as practicable, publish a notice thereof in the Federal Register. Such notice shall set forth a summary of the information contained in such application. Any interested party may, within 30 days after the date of publication of such notice, submit to the director his written data or views with respect to the taking or importation proposed in such application and may request a hearing in connection with the action to be taken thereon. (b) If the request for a hearing is made within the 30-day period referred to in paragraph (a) of this section, or if the director determines that a hearing would otherwise be advisable, the director may, within 60 days after the date of publication of the notice referred to in paragraph (a) of this section, afford to such requesting party or parties an opportunity for a hearing. Such hearing shall also be open to participation by any interested members of the public. Notice of the date, time, and place of such hearing shall be published in the Federal Register not less than 15 days in advance of such hearing. Any interested person may appear in person or through representatives at the hearing and may submit any relevant material, data, views, comments, arguments, or exhibits. A summary record of the hearing shall be kept. (c) As soon as practicable but not later than 30 days after the close of the hearing (or if no hearing is held, as soon as practicable after the end of the 30 days succeeding publication of the notice referred to in paragraph (a) of this section the director shall issue or deny issuance of the permit. Notice of the decision of the director shall be published in the Federal Register within 10 days after the date of such issuance or denial. Such notice shall include the date of the issuance or denial and indicate where copies of the permit, if issued, may be obtained. (d) Any permit shall be subject to modification, suspension, or revocati… | |
| 50:50:9.0.1.1.1.4.1.5 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | D | Subpart D—Special Exceptions | 18.34 | § 18.34 Guidelines for use in safely deterring polar bears. | FWS | 16 U.S.C. 1361 et seq. | 39 FR 7262, Feb. 25, 1974, unless otherwise noted. | [75 FR 61637, Oct. 6, 2010] | (a) These guidelines are intended for use in safely deterring polar bears in the wild. They provide acceptable types of deterrence actions that any person, or their employee, or their agent, can use to deter a polar bear from damaging private property; or that any person can use to deter a polar bear from endangering personal safety; or that a government employee can use to deter a polar bear from damaging public property, and not cause the serious injury or death of a polar bear. Anyone acting in such a manner and conducting activities that comply with the guidelines in this subpart does not need authorization under the MMPA to conduct such deterrence. Furthermore, actions consistent with these guidelines do not violate the take prohibitions of the MMPA or this part. A Federal, State or local government official or employee may take a polar bear in the course of his duties as an official or employee, as long as such taking is accomplished in accordance with § 18.22 of this part. (b) There are two types of deterrence measures that a person, or their employee, or their agent could follow to nonlethally deter a polar bear. Each type of measure includes a suite of appropriate actions that the public may use. (1) Passive deterrence measures. Passive deterrence measures are those that prevent polar bears from gaining access to property or people. These measures provide for human safety and do not increase the risk of serious injury or death of a polar bear. They include: (i) Rigid fencing. Rigid fencing and other fixed barriers such as gates and fence skirting can be used around buildings or areas to limit bears from accessing community or industrial sites and buildings. Fencing areas 5 acres (∼2 ha) and smaller can be used to limit human-bear interactions. Industry standard chain-link fencing material can be used. Chain-link fencing can be placed around buildings on pilings as fence skirting to limit access of bears underneath the buildings. (ii) Bear exclusion cages. Bear exclusion cages provide a protecti… |
| 50:50:9.0.1.1.1.7.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.70 | § 18.70 Basis and purpose. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 1371(b)) and these regulations authorize the Director, U.S. Fish and Wildlife Service, to: (1) Impose regulations governing the taking of marine mammals incidental to commercial fishing operations; (2) waive the moratorium and adopt regulations with respect to the taking and importing of animals from each species of marine mammals under his jurisdiction; and (3) prescribe regulations governing the taking of depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In prescribing regulations to carry out the provisions of said sections, the act refers the Director to section 103 (16 U.S.C. 1373). In accordance with section 103(d), regulations must be made on the record after opportunity for an agency hearing on such regulations and, in the case of a waiver, on the determination by the Director to waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)). (b) [Reserved] | |
| 50:50:9.0.1.1.1.7.1.10 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.79 | § 18.79 Inspection and copying of documents. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | Any document in a file pertaining to any hearing authorized by this subpart or any document forming part of the record of such a hearing may be inspected and/or copied in the Office of the Director, U.S. Fish and Wildlife Service, Washington, DC 20240, unless the file is in the care and custody of the presiding officer, in which case he shall notify the parties as to where and when the record may be inspected. | |
| 50:50:9.0.1.1.1.7.1.11 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.80 | § 18.80 Ex parte communications. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) After notice of a hearing is published in the Federal Register, all communications, whether oral or written, involving any substantive or procedural issue and directed either to the presiding officer or to the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish and Wildlife Service, without reference to these rules of procedure, shall be deemed ex parte communications and are not to be considered part of the record for decision. (b) A record of oral conversations shall be made by the above persons who are contacted. All communications shall be available for public viewing at times and place(s) specified in the notice of hearing. (c) The presiding officer shall not communicate with any party on any fact in issue or on the merits of the matter unless notice and opportunity is given for all parties to participate. | |
| 50:50:9.0.1.1.1.7.1.12 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.81 | § 18.81 Prehearing conference. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) After an examination of all the direct testimony submitted pursuant to § 18.77, the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing. (b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing (§ 18.74(b)(8)) at least five days before the prehearing conference is held. (c) The purpose of the prehearing conference shall be to enable the presiding officer to determine, on the basis of the direct testimony submitted and prehearing discussions: (1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues; (2) What facts are not in dispute; (3) Which witnesses may appear at the hearing; and (4) The nature of the interest of each party and which parties' interests are adverse. (d) Only parties may participate in the prehearing conference, and a party may appear in person or be represented by counsel. | |
| 50:50:9.0.1.1.1.7.1.13 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.82 | § 18.82 Prehearing order. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) After the prehearing conference, the presiding officer shall prepare a prehearing order which shall be published in the Federal Register within ten days after the conclusion of the conference. A copy of the prehearing order shall be mailed to all Parties. (b) The prehearing order shall list: (1) All the issues which the hearing shall address, the order in which those issues shall be presented, and the direct testimony submitted which bears on the issues; and (2) a final date for submission of direct testimony on issues of fact not included in the notice of hearing if such issues are presented. The prehearing order may also specify a final date for submission of direct testimony to rebut testimony previously submitted during the time specified in the notice of the hearing. (c) The presiding officer shall publish with the prehearing order a list of witnesses who may appear at the hearing, a list of parties, the nature of the interest of each party, and which parties interests are adverse on the issues presented. (d) All parties shall be bound by the prehearing order. | |
| 50:50:9.0.1.1.1.7.1.14 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.83 | § 18.83 Determination to cancel the hearing. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) If the presiding officer determines that no issues of material fact are presented by the direct testimony submitted prior to the date of the hearing, he may publish in the Federal Register such determination and that on issues of material fact a hearing shall not be held. The presiding officer may provide an opportunity for argument on any issues of law presented by the direct testimony. (b) Promptly after oral argument, if any, the presiding officer shall make a recommended decision based on the record, which in this case shall consist of the direct testimony and any oral argument presented. He shall transmit to the Director his recommended decision, the record and a certificate stating that the record contains all the written direct testimony. The Director shall then make a final decision in accordance with these regulations (§ 18.91). | |
| 50:50:9.0.1.1.1.7.1.15 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.84 | § 18.84 Rebuttal testimony and new issues of fact in prehearing order. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Direct testimony to rebut testimony offered during the time period specified in the notice of hearing may be submitted pursuant to these regulations within fifteen days after the conclusion of the prehearing conference unless the presiding officer otherwise specifies in the prehearing order. (b) If the prehearing order presents issues not included in the notice of the hearing published pursuant to § 18.74: (1) Any person interested in participating at the hearing on such issues presented shall notify the Director by certified mail of an intent to participate not later than ten days after publication of the prehearing order. Such person may present direct testimony or cross-examine witnesses only on such issues presented unless he previously notified the Director pursuant to § 18.75; and (2) Additional written direct testimony concerning such issues may be submitted within the time provided in the prehearing order. Such direct testimony will comply with the requirements of § 18.77. | |
| 50:50:9.0.1.1.1.7.1.16 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.85 | § 18.85 Waiver of right to participate. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | Any person who fails to notify the Director of his intent to participate pursuant to § 18.75 or § 18.84 shall be deemed to have waived his right to participate as a party. | |
| 50:50:9.0.1.1.1.7.1.17 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.86 | § 18.86 Conduct of the hearing. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) The hearing shall be held at the time and place fixed in the notice of hearing, unless the presiding officer changes the time or place. If a change occurs, the presiding officer shall publish the change in the Federal Register and shall expeditiously notify all parties by telephone or by mail. If the change in time or place of hearing is made less than five days before the date previously fixed for the hearing, the presiding officer shall also announce, or cause to be announced, the change at the time and place previously fixed for the hearing. (b) The presiding officer shall, at the commencement of the hearing, introduce into the record the notice of hearing as published in the Federal Register, all subsequent notices published in the Federal Register, the Environmental Impact Statement if it is required and the comments thereon and agency responses to the comments, and a list of all parties. Direct testimony shall then be received with respect to the matters specified in the prehearing order in such order as the presiding officer shall announce. With respect to direct testimony submitted as rebuttal testimony or in response to new issues presented by the prehearing conference, the presiding officer shall determine the relevancy of such testimony. (c) The hearing shall be publicly conducted and reported verbatim by an official reporter. (d) If a party objects to the admission or rejection of any direct testimony or to any other ruling of the presiding officer during the hearing, he shall state briefly the grounds of such objection, whereupon an automatic exception will follow if the objection is overruled by the presiding officer. The transcript shall not include argument or debate thereon except as ordered by the presiding officer. The ruling of the presiding officer on any objection shall be a part of the transcript and shall be subject to review at the same time and in the same manner as the Director's final decision. Only objections made before the presiding officer may subsequently be relied up… | |
| 50:50:9.0.1.1.1.7.1.18 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.87 | § 18.87 Direct testimony. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Only direct testimony submitted as provided in these regulations and introduced at the hearing by a witness shall be considered part of the record. Such direct testimony, when written, shall not be read into evidence but shall become a part of the record subject to exclusion of irrelevant and immaterial parts thereof. (b) The witness introducing direct testimony shall: (1) State his name, address and occupation; (2) State qualifications for introducing the direct testimony. If an expert, the witness shall briefly state the scientific or technical training which qualifies him as an expert; (3) Identify the direct testimony previously submitted in accordance with these regulations; and (4) Submit to appropriate cross- and direct-examination. Cross-examination shall be by a party whose interests are adverse on the issue presented to the witness if the witness is a party, or to the interests of the party who presented the witness. (c) A party shall be deemed to have waived the right to introduce direct-testimony if such party fails to present a witness to introduce the direct-testimony. (d) Official notice may be taken of such matters as are judicially noticed by the courts of the United States. Parties shall be given adequate notice, by the presiding officer, at the hearing, of matters so noticed and shall be given adequate opportunity to show that such facts are inaccurate or are erroneously noticed. | |
| 50:50:9.0.1.1.1.7.1.19 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.88 | § 18.88 Cross-examination. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) The presiding officer may: (1) Require the cross-examiner to outline the intended scope of the examination; and (2) Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious. (b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony. (c) Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness. (d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations. | |
| 50:50:9.0.1.1.1.7.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.71 | § 18.71 Definitions. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | Definitions shall be the same as in subpart A of this part except as follows: (a) Party means for the purposes of this subpart: (1) The Director or his representative; or (2) A person who has notified the Director by specified dates of his or her intent to participate in the hearing pursuant to §§ 18.75 and 18.84(b). (b) Presiding officer means, for the purposes of this subpart, an administrative law judge of the Office of Hearings and Appeals appointed in accordance with 5 U.S.C. 3105. (c) Witness means, for the purposes of this subpart, any person who provides direct testimony on the proposed regulations and waiver. A person may be both a party and a witness. | |
| 50:50:9.0.1.1.1.7.1.20 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.89 | § 18.89 Oral and written arguments. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) The presiding officer may, in his discretion, provide for oral argument by parties at the end of the hearing. Such argument, when permitted, may be limited by the presiding officer to the extent necessary for the expeditious disposition of the proceeding. (b) The presiding officer shall announce at the hearing a reasonable period of time within which any party may file with the presiding officer proposed findings and conclusions and written arguments or briefs, which are based upon the record and citing where practicable the relevant page or pages of the transcript. If a party filing a brief desires the presiding officer to reconsider any objection made by such party to a ruling of the presiding officer, he shall specifically identify such rulings by reference to the pertinent pages of the transcript and shall state his arguments thereon as a part of the brief. (c) Oral or written arguments shall be limited to issues arising from direct testimony on the record. | |
| 50:50:9.0.1.1.1.7.1.21 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.90 | § 18.90 Recommended decision, certification of the transcript and submission of comments on the recommended decision. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Promptly after expiration of the period for receiving written briefs, the presiding officer shall make a recommended decision based on the record and transmit the decision to the Director. The recommended decision shall include: (1) A statement containing a description of the history of the proceedings; (2) Findings on the issues of fact with the reasons therefor; and (3) Rulings on issues of law. (b) The presiding officer shall also transmit to the Director the transcript of the hearing, the original and all copies of the direct testimony, and written comments. The presiding officer shall attach to the original transcript of the hearing a certificate stating that to the best of his knowledge and belief the transcript is a true transcript of the testimony given at the hearing except in such particulars as are specified. (c) Upon receipt of the recommended decision, the Director shall send a copy thereof to each party by certified mail and shall publish in the Federal Register a notice of the receipt of the recommended decision by the Director. The notice shall include: (1) A summary of the recommended decision; (2) A statement that any interested person may file written comments on the recommended decision with the Director by a specified date; (3) The time(s) and place(s) where the record of the hearing transmitted to the Director pursuant to paragraph (b) of this section may be inspected by interested persons; and (4) The time(s) and place(s) where the recommended decision may be inspected and/or copied by interested persons. (d) Within thirty days after the notice of receipt of the recommended decision has been published in the Federal Register, any interested person may file with the Director any written comments on the recommended decision. All comments, including recommendations from or consultation with the Marine Mammal Commission, must be submitted during the thirty-day period to the Director at the above address. | |
| 50:50:9.0.1.1.1.7.1.22 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.91 | § 18.91 Director's decision. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Upon receipt of the recommended decision and transcript and after the thirty-day period for receiving written comments on the recommended decision has passed, the Director shall make a final decision on the proposed regulations and waiver, where applicable. The Director's decision may affirm, modify, or set aside, in whole or in part, the recommended findings, conclusions and decision of the presiding officer. The Director may also remand the hearing record to the presiding officer for a fuller development of the record. (b) The Director's decision shall include: (1) A statement containing a description of the history of the proceeding; (2) Findings on the issues of fact with the reasons therefor; (3) Rulings on issues of law; and (4) Any other relevant information which the Director deems appropriate. (c) The Director's decision shall be published in the Federal Register. If the waiver is approved, the final adopted regulations shall be promulgated with the decision, or as soon thereafter as practicable. | |
| 50:50:9.0.1.1.1.7.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.72 | § 18.72 Scope of regulations. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | The procedural regulations in this subpart govern the practice and procedure in hearings held under section 103(d) of the Act. These hearings will be governed by the provisions of sections 556 and 557 of the Administrative Procedure Act (5 U.S.C. 556 and 557). The regulations shall be construed to secure the just, speedy, and inexpensive determination of all issues raised with respect to any waiver and/or regulation proposed pursuant to section 103(d) of the act in a manner which gives full protection to the rights of all persons affected thereby. | |
| 50:50:9.0.1.1.1.7.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.73 | § 18.73 Burden of proof. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | The proponents of the proposed regulations and waiver must demonstrate that any taking or importation of any marine mammal under such proposed regulations and waiver would be consistent with the act. | |
| 50:50:9.0.1.1.1.7.1.5 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.74 | § 18.74 Notice of hearing. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) A notice of hearing on any proposed regulations shall be published in the Federal Register, together with the Director's proposed determination to waive the moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)), where applicable. (b) The notice shall state: (1) The nature of the hearing; (2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing; (3) The legal authority under which the hearing is to be held; (4) The proposed regulations and waiver, where applicable, and a summary of the statements required by section 103(d) of the Act (16 U.S.C. 1373(d)); (5) Issues of fact which may be involved in the hearing; (6) If an Environmental Impact Statement is required, the date of publication of the Statement and the times and place(s) where the Statement and comments thereon may be viewed and copied; (7) Any written advice received from the Marine Mammal Commission; (8) The times and place(s) where records and submitted direct testimony will be kept for public inspection, along with appropriate references to any other documents; (9) The final date for filing with the Director a notice of intent to participate in the hearing pursuant to § 18.75; (10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required; (11) The docket number assigned to the case which shall be used in all subsequent proceedings; and (12) The place and date of the prehearing conference. | |
| 50:50:9.0.1.1.1.7.1.6 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.75 | § 18.75 Notification by interested persons. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | Any person desiring to participate as a party shall notify the Director, by certified mail, on or before the date specified in the notice of hearing. | |
| 50:50:9.0.1.1.1.7.1.7 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.76 | § 18.76 Presiding officer. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Upon publication of the notice of hearing pursuant to § 18.74, the Office of Hearings and Appeals shall appoint a presiding officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of interest, financial or otherwise, shall serve as presiding officer in such proceeding. (b) The presiding officer, in any proceeding under this subpart, shall have power to: (1) Change the time and place of the hearing and adjourn the hearing; (2) Evaluate direct testimony submitted pursuant to these regulations, make a preliminary determination of the issues, conduct a prehearing conference to determine the issues for the hearing agenda, and cause to be published in the Federal Register a final hearing agenda; (3) Rule upon motions, requests and admissibility of direct testimony; (4) Administer oaths and affirmations, question witnesses and direct witnesses to testify; (5) Modify or waive any rule (after notice) when determining no party will be prejudiced; (6) Receive written comments and hear oral arguments; (7) Render a recommended decision; and (8) Do all acts and take all measures, including regulation of media coverage, for the maintenance of order at and the efficient conduct of the proceeding. (c) In case of the absence of the original presiding officer or his inability to act, the powers and duties to be performed by the original presiding officer under this part in connection with a proceeding may, without abatement of the proceeding, be assigned to any other presiding officer by the Office of Hearings and Appeals unless otherwise ordered by the Director. (d) The presiding officer shall withdraw from the proceeding upon his own motion or upon the filing of a motion by a party under § 18.76(e) if he deems himself disqualified under recognized canons of judicial ethics. (e) A presiding officer may be requested to withdraw at any time prior to the recommended decision. If there is filed by a party in good faith a timely and sufficient affidavit alleging the presiding officer's personal bias, mal… | |
| 50:50:9.0.1.1.1.7.1.8 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.77 | § 18.77 Direct testimony submitted as written documents. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | (a) Unless otherwise specified, all direct testimony, including accompanying exhibits, must be submitted to the presiding officer in writing no later than the dates specified in the notice of the hearing (§ 18.74), the prehearing order (§ 18.82), or within 15 days after the conclusion of the prehearing conference (§ 18.84) as the case may be. All direct testimony, referred to in the affidavit and made a part thereof, must be attached to the affidavit. Direct testimony submitted with exhibits must state the issue to which the exhibit relates; if no such statement is made, the presiding officer shall determine the relevance of the exhibit to the issues published in the Federal Register. (b) The direct testimony submitted shall contain: (1) A concise statement of the witness' interest in the proceeding and his position regarding the issues presented. If the direct testimony is presented by a witness who is not a party, the witness shall state his relationship to the party; and (2) Facts that are relevant and material. (c) The direct testimony may propose issues of fact not defined in the notice of the hearing and the reason(s) why such issues should be considered at the hearing. (d) Ten copies of all direct testimony must be submitted unless the notice of the hearing otherwise specifies. (e) Upon receipt, direct testimony shall be assigned a number and stamped with that number and the docket number. (f) Contemporaneous with the publication of the notice of hearing, the Director's direct testimony in support of the proposed regulations and waiver, where applicable, shall be available for public inspection as specified in the notice of hearing. The Director may submit additional direct testimony during the time periods allowed for submission of such testimony by witnesses. | |
| 50:50:9.0.1.1.1.7.1.9 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | G | Subpart G—Notice and Hearing on Section 103 Regulations | 18.78 | § 18.78 Mailing address. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 5396, Feb. 6, 1976, unless otherwise noted. | Unless otherwise specified in the notice of hearing, all direct testimony shall be addressed to the Presiding Officer, c/o Director, U.S. Fish and Wildlife Service, Washington, DC 20240. All affidavits and exhibits shall be clearly marked with the docket number of the proceedings. | |
| 50:50:9.0.1.1.1.8.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | H | Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species | 18.92 | § 18.92 Purpose of regulations. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 14373, Apr. 5, 1976, unless otherwise noted. | The regulations contained in this subpart fulfill the requirements of section 103 of the Act for regulations to govern the taking and importation of each species of marine mammal for which the moratorium imposed by section 101 has been waived. | |
| 50:50:9.0.1.1.1.8.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | H | Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species | 18.93 | § 18.93 Scope of regulations. | FWS | 16 U.S.C. 1361 et seq. | 41 FR 14373, Apr. 5, 1976, unless otherwise noted. | (a) The provisions in this subpart apply only after (1) the Director has made a decision to waive a moratorium pursuant to section 101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by section 103(d) of the Act has been provided, and (3) the Director has made a determination, in the case of State laws and regulations, to approve such State laws and regulations pursuant to section 109(a)(2) of the Act and subpart F of this part. (b) The provisions of this subpart, unless specifically stated, apply to all taking and/or importation of each species of marine mammal for which the moratorium has been waived other than takings for scientific research or public display, which are governed by § 18.31 of this part, or takings incidental to commercial fishing operations which are governed by § 18.24. | |
| 50:50:9.0.1.1.1.8.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | H | Subpart H—Waiver of Moratorium on Taking and Importation of Individual Marine Mammal Species | 18.94 | § 18.94 Pacific walrus (Alaska). | FWS | 16 U.S.C. 1361 et seq. | 41 FR 14373, Apr. 5, 1976, unless otherwise noted. | [41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979] | (a) Pursuant to sections 101(a)(3)(A) 103, and 109 of the Marine Mammal Protection Act of 1972, the moratorium on the hunting and killing of Pacific walrus ( Odobenus rosmarus ) in waters or on lands subject to the jurisdiction of the State of Alaska, the United States, or on the high seas by any person, vessel, or conveyance subject to the jurisdiction of the State of Alaska or the United States, is waived, provided that beginning August 2, 1979 this waiver shall not be effective, and no taking or importation under the waiver shall be allowed, until this section is amended to establish regulations to effectively control taking and otherwise implement the waiver. (b) [Reserved] |
| 50:50:9.0.1.1.1.9.1.1 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.100 | § 18.100 Specified activities covered by this subpart. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | Regulations in this subpart apply to the nonlethal incidental, but not intentional, take, as defined in § 18.3 and under section 3 of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1371 et seq. ), of small numbers of northern sea otters ( Enhydra lutris kenyoni; hereafter “sea otters”) by the U.S. Coast Guard (hereafter “USCG” or “the applicant”) while engaged in activities associated with or in support of pile driving and marine construction activities in Seward, Sitka, and Kodiak, Alaska. The applicant is a U.S. citizen as defined in § 18.27(c). A Letter of Authorization (LOA) from the U.S. Fish and Wildlife Service (FWS) is required to authorize incidental take that may occur during the specified activities. | |
| 50:50:9.0.1.1.1.9.1.10 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.109 | § 18.109 Reporting requirements. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) Operators must notify the FWS at least 48 hours prior to commencement of activities. (b) Monthly reports will be submitted to the FWS's MMM for all months during which noise-generating work takes place. The monthly report will contain and summarize the following information: dates, times, weather, and sea conditions (including the Beaufort Scale sea state and wind force conditions) when sea otters were observed; the number, location, distance from the sound source, and behavior of the sea otters; the associated project activities; and a description of the implementation and effectiveness of mitigation measures with a discussion of any specific behaviors the sea otters exhibited in response to mitigation. (c) A final report will be submitted to the FWS's MMM within 90 days after the expiration of each LOA. The report will include: (1) A summary of monitoring efforts (hours of monitoring, activities monitored, number of PSOs, and, if requested by the FWS, the daily monitoring logs). (2) A description of all project activities, any additional work yet to be done, factors influencing visibility and detectability of marine mammals ( e.g., sea state, fog, glare, and number of observers), and factors correlated with the presence and distribution of sea otters ( e.g., weather, sea state, and project activities). (3) An estimate will be included of the number of sea otters exposed to noise at received levels greater than or equal to Level A harassment and Level B harassment (based on visual observation). (4) A description of changes in sea otter behavior resulting from project activities and any specific behaviors of interest. (5) A discussion of the mitigation measures implemented during project activities and their observed effectiveness for minimizing impacts to sea otters. Sea otter observation records will be provided to the FWS in the form of electronic database or spreadsheet files. (d) All reports must be submitted by email to FW7_MMM_Reports@fws.gov. (e) Injured, dead, or distressed sea otters tha… | |
| 50:50:9.0.1.1.1.9.1.11 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.110 | § 18.110 Information collection requirements. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | The Office of Management and Budget (OMB) has approved the information collection requirements contained in this part and assigned OMB Control Number 1018-0205. Federal agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Direct comments regarding the burden estimate or any other aspect of the information collection to the FWS Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b). | |
| 50:50:9.0.1.1.1.9.1.2 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.101 | § 18.101 Specified geographic region where this subpart applies. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | The specified geographic region for the incidental take regulations (ITR) in this subpart includes Gulf of Alaska coastal waters of three USCG facilities. The specified activities would occur in the waters and intertidal areas of the eastern shore of Resurrection Bay, Alaska, surrounding the new USCG Moorings Seward, the waters and intertidal areas of Sitka Channel, Alaska, surrounding the USCG Moorings Sitka, and the waters and intertidal areas of Womens Bay, Kodiak, Alaska, which surround the USCG Base Kodiak located on the Nyman Peninsula. Figure 1 to § 18.101—Map of the ITR region including USCG's Moorings Seward, Moorings Sitka, and Base Kodiak in Alaska where the activities covered by this subpart will occur. | |
| 50:50:9.0.1.1.1.9.1.3 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.102 | § 18.102 Dates this subpart is in effect. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | The regulations in this subpart are effective from March 27, 2026 through March 27, 2031. | |
| 50:50:9.0.1.1.1.9.1.4 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.103 | § 18.103 Procedure to obtain a Letter of Authorization (LOA). | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) The applicant must submit the request for an LOA to the FWS Alaska Region, Marine Mammals Management Office (MMM), MS 341, 1011 East Tudor Road, Anchorage, Alaska 99503, at least 30 days prior to the start of the specified activity. (b) The request for an LOA must comply with the requirements set forth in §§ 18.107 through 18.109 and must include the following information: (1) An operational plan that describes in detail the activity ( e.g., type of project, methods, and types and numbers of equipment and personnel, etc.), the dates and duration of the activity, and the specific locations affected by the activity. (2) A digital geospatial file of the project footprint. (3) A site-specific marine mammal monitoring and mitigation plan that specifies the procedures to monitor and mitigate the effects of the activities on sea otters. (4) Documentation of the applicant's communication with potentially affected subsistence communities surrounding Seward, Sitka, and Kodiak and appropriate subsistence user organizations to discuss the location, timing, and methods of activities and identify and mitigate any potential conflicts with subsistence sea otter hunting activities. (i) The applicant must specifically inquire of relevant communities and organizations if the activity will interfere with the availability of sea otters for the subsistence use of those groups. (ii) Documentation must include a summary of any concerns identified by community members and hunter organizations and the applicant's responses to identified concerns. (iii) A plan of cooperation (POC) may not be required for an LOA request if no concerns are raised during community consultation regarding impacts to subsistence harvest or Alaska Native communities and subsistence user organizations. (5) A POC, if required, to mitigate potential conflicts between the activity and subsistence hunting. | |
| 50:50:9.0.1.1.1.9.1.5 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.104 | § 18.104 How the FWS will evaluate a request for an LOA. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) The FWS will evaluate each request for an LOA to determine if the specified activity is consistent with the analysis and findings we made during the rulemaking process for this subpart. (1) We will determine whether the level of activity identified in the request exceeds the level that we analyzed in estimating the number of animals to be taken and evaluating whether there will be a negligible impact on the species or stock and an unmitigable adverse impact on the availability of the species or stock for subsistence uses. (2) If the level of activity is greater, we will evaluate the potential impact of this greater level of activity to determine if the potential impact is consistent with our findings. Depending on the results of the evaluation, we may grant the requested authorization, add further conditions, or deny the request for an LOA. An LOA will be limited to a 1-year period or less within the period set forth in § 18.102. (b) The FWS will make decisions concerning withdrawal or suspension of an LOA (see § 18.27(f)(5) and (6)). | |
| 50:50:9.0.1.1.1.9.1.6 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.105 | § 18.105 Authorized take allowed under an LOA. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (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. | |
| 50:50:9.0.1.1.1.9.1.7 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.106 | § 18.106 Prohibited take under an LOA. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) Except as otherwise provided in this subpart, prohibited taking includes the provisions of § 18.11 as well as: intentional take, lethal incidental take of sea otters, and any take that fails to comply with the regulations in this subpart or with the terms and conditions of an LOA. (b) If specified activities cause unauthorized take, the holder of an LOA must: (1) Cease activities immediately (or reduce activities to the minimum level necessary to maintain safety); (2) Report the details of the incident within 24 hours to the FWS's MMM at 907-786-3800 (business hours) or via email at FW7_MMM_Reports@fws.gov. If the unauthorized taking results in a sea otter being injured or killed, call the FWS MMM during business hours or the Alaska SeaLife Center in Seward (1-888-774-7325, 24 hours a day); (3) Provide photographs, video, location information, and any other available documentation related to the unauthorized take of the sea otter(s) to the FWS; and (4) Suspend further activities until the FWS has reviewed the circumstances, determined whether additional mitigation measures are necessary to avoid further unauthorized taking, and notified the LOA holder that project activities may resume. | |
| 50:50:9.0.1.1.1.9.1.8 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.107 | § 18.107 Mitigation. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) Mitigation measures for all LOAs. The applicant, including all personnel operating under the applicant's authority (or “operators,” including contractors, subcontractors, and representatives) must undertake the following activities to avoid and minimize take of sea otters by harassment. (1) Implement policies and procedures to avoid interactions with and minimize to the greatest extent practicable adverse impacts on sea otters, their habitat, and the availability of these marine mammals for subsistence uses. (2) Develop avoidance and minimization policies and procedures, in cooperation with the FWS, that include temporal or spatial activity restrictions to be used in response to the presence of sea otters engaged in a biologically significant activity ( e.g., resting, feeding, hauling out, mating, or nursing). (3) Cooperate with the FWS's MMM Office and other designated Federal, State, and local agencies to monitor and mitigate the impacts of pile driving and marine construction activities on sea otters. (4) Allow FWS personnel or the FWS's designated representative to board project vessels or visit project worksites for the purpose of monitoring impacts to sea otters and to subsistence uses of sea otters at any time throughout project activities so long as it is safe to do so. (5) Designate trained and qualified protected species observers (PSOs) to monitor for the presence of sea otters, initiate mitigation measures, and monitor, record, and report the effects of the activities on sea otters. The applicant is responsible for providing training to PSOs to carry out mitigation and monitoring. (6) Have an approved mitigation and monitoring plan on file with the FWS MMM and onsite that includes the following information: (i) The type of activity and where and when the activity will occur ( i.e., a summary of the plan of operation); (ii) Personnel training policies, procedures, and materials; (iii) Site-specific sea otter interaction risk evaluation and mitigation measures; (iv) Sea otter avoidance… | |
| 50:50:9.0.1.1.1.9.1.9 | 50 | Wildlife and Fisheries | I | B | 18 | PART 18—MARINE MAMMALS | I | Subpart I—Nonlethal Taking of Northern Sea Otters Incidental to Pile Driving and Marine Construction in Seward, Sitka, and Kodiak, Alaska | 18.108 | § 18.108 Monitoring. | FWS | 16 U.S.C. 1361 et seq. | 91 FR 14778, Mar. 27, 2026, unless otherwise noted. | (a) Operators shall work with PSOs to apply mitigation measures and shall recognize the authority of PSOs up to and including stopping work, except where doing so poses a significant safety risk to personnel. (b) Duties of PSOs include watching for and identifying sea otters, recording observation details, documenting presence in any applicable monitoring zone, identifying and documenting potential harassment, and working with operators to implement all appropriate mitigation measures. (c) A sufficient number of PSOs will be available to meet the following criteria: 100 percent monitoring of shutdown zones during all daytime periods of in-water noise-generating work; a maximum of 4 consecutive hours on watch per PSO; a maximum of 12 hours on watch per day per PSO. (d) All PSOs will complete a training course designed to familiarize individuals with monitoring and data collection procedures. This training will be completed prior to starting work. A field crew leader with prior experience as a sea otter observer will supervise the PSO team. Initially, new or inexperienced PSOs will be paired with experienced PSOs so that the quality of marine mammal observations and data recording is kept consistent. Resumes for candidate PSOs will be made available for the FWS to review. (e) The PSOs will be provided with reticule binoculars (7×50 or better), big-eye binoculars or spotting scopes (30×), inclinometers, and range finders. Field guides, instructional handbooks, maps, and a contact list will also be made available. (f) The PSOs will monitor a pre-clearance zone for 30 minutes prior to the commencement of in-water noise-generating activities and following periods of inactivity of more than 30 minutes to ensure all sea otters are not within the shutdown zone prior to initiating or resuming in-water noise-generating activities. (g) Observers will collect data using the following procedures: (1) All data will be recorded onto a field form or database. (2) Global positioning system data, sea state, tidal state, win… |
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