---
kind: "section"
citation: "50 C.F.R. § 216.107"
title: "50"
number: "216.107"
heading: "Incidental harassment authorization for Arctic waters."
url: "https://uscodex.org/cfr/50/216.107"
---

# §216.107. Incidental harassment authorization for Arctic waters.

- (a) Except for activities that have the potential to result in serious injury or mortality, which must be authorized under [§ 216.105](/cfr/50/216.105.md), incidental harassment authorizations may be issued, following a 30-day public review period, to allowed activities that may result in only the incidental harassment of a small number of marine mammals. Each such incidental harassment authorization shall set forth:
  - (1) Permissible methods of taking by harassment;
  - (2) Means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses; and
  - (3) Requirements for monitoring and reporting, including requirements for the independent peer-review of proposed monitoring plans where the proposed activity may affect the availability of a species or stock for taking for subsistence uses.
- (b) Issuance of an incidental harassment authorization will be based on a determination that the number of marine mammals taken by harassment will be small, will have a negligible impact on the species or stock of marine mammal(s), and will not have an unmitigable adverse impact on the availability of species or stocks for taking for subsistence uses.
- (c) An incidental harassment authorization will be either issued or denied within 45 days after the close of the public review period.
- (d) Notice of issuance or denial of an incidental harassment authorization will be published in the Federal Register within 30 days of issuance of a determination.
- (e) Incidental harassment authorizations will be valid for a period of time not to exceed 1 year but may be renewed for additional periods of time not to exceed 1 year for each reauthorization.
- (f) An incidental harassment authorization shall be modified, withdrawn, or suspended if, after notice and opportunity for public comment, the Assistant Administrator determines that:
  - (1) The conditions and requirements prescribed in the authorization are not being substantially complied with; or
  - (2) The authorized taking, either individually or in combination with other authorizations, is having, or may have, more than a negligible impact on the species or stock or, where relevant, an unmitigable adverse impact on the availability of the species or stock for subsistence uses.
- (g) The requirement for notice and opportunity for public review in [paragraph (f)](#f) of this section shall not apply if the Assistant Administrator determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals concerned.
- (h) A violation of any of the terms and conditions of an incidental harassment authorization shall subject the holder and/or any individual who is operating under the authority of the holder's incidental harassment authorization to penalties provided in the MMPA.

## Notes

### Source

Source: 61 FR 15887, Apr. 10, 1996, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

### Source

Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.