---
kind: "section"
citation: "50 C.F.R. § 18.105"
title: "50"
number: "18.105"
heading: "Authorized take allowed under an LOA."
url: "https://uscodex.org/cfr/50/18.105"
---

# §18.105. Authorized take allowed under an LOA.

- (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the applicant must apply for and obtain an LOA in accordance with §§ [18.27(f)](/cfr/50/18.27.md?p=f), [18.103](/cfr/50/18.103.md), and [18.104](/cfr/50/18.104.md).
- (b) An LOA issued under this subpart allows for the nonlethal, incidental, but not intentional take by harassment, as defined under [section 3](/cfr/50/3.md) of the MMPA ([16 U.S.C. 1362](/usc/16/1362.md)), of sea otters during activities specified in [§ 18.100](/cfr/50/18.100.md) within the Seward, Sitka, and Kodiak ITR region of Alaska described in [§ 18.101](/cfr/50/18.101.md).
- (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](/usc/16/1362.md)).
- (e) Each LOA will identify terms and conditions for each activity and location.

## Notes

### Source

Source: 91 FR 14778, Mar. 27, 2026, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq.

### Source

Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.