The Marine Mammal Protection Act (MMPA) prohibits the take of marine mammals. Federal agencies and individuals must seek authorization to incidentally take marine mammals when conducting otherwise lawful activities. Two types of incidental take permits can be issued: Incidental Harassment Authorizations (IHAs) and Letters of Authorization (LOAs). 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.
Projects in any sector that may result in potential 'take' as defined (16 U.S.C. 1362 Sec.3(13) defines as harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill; (18) further defines 'harassment' as any act of pursuit, torment, or annoyance which (i) has the potential to injure or has the potential to disturb by causing disruption of behavioral patterns...)
Statute or Regulations:
Marine Mammal Protection Act (16 USC 1361-1423)