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An Incidental Harassment Authorization (IHA) authorizes U.S. citizens, engaged in military and non-military readiness activities, to take by harassment a small number of marine mammals for a period of not more than one year.
(18) (A) The term harassment means any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but
IHAs are issued for actions that do not have the potential to cause marine mammal mortality or serious injury. An LOA is required for actions that have the potential to cause mortality or serious injury.
Take as defined under the MMPA means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal (16 U.S.C. 1362)
The Marine Mammal Protection Act prohibits killing or injuring marine mammals except under certain circumstances. The Marine Mammal Authorization Program provides an annual exemption for accidentally killing or injuring marine mammalsreferred to as incidental takeduring commercial fishing operations.
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(b) Any person who knowingly violates any provision of this subchapter or of any permit or regulation issued thereunder (except as provided in section 1387 of this title) shall, upon conviction, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both. ( Pub. L.
The Marine Mammal Protection Act or MMPAwas enacted in 1972 and protects all marine mammals, regardless of their status under the Endangered Species Act. Key differences between the two acts are that the MMPA requires a public review process for any proposed action while ESA doesnt.

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