Encl. (3) to COMDTINST 16475.7
(21) Kotzebue (June-July) - beluga whales.
(22) Point Lay (July) - beluga whales.
(23) Yakutat (Winter) - beluga whales.
(24) Norton Sound beluga whales follow the icepack north.
(25) Bowhead whales are found on the North Slope and also in the
North/Northwestern Bering Sea.
F. FORWARDING OF SIGHTING REPORTS. Whale sighting information shall be
documented on the NMML Marine Mammal Sighting form, and forwarded to the
address on the form at the end of patrol. Use of 35-mm photographs and VHS video to
supplement reports is encouraged.
6. ENFORCEMENT OF MMPA AND ESA VIOLATIONS
A. PHILOSOPHY. Enforcement of Marine Mammal Protection Act (MMPA) and
Endangered Species Act (ESA) regulations will target significant violators. The
MMPA prohibites the take of all marine mammal species in U.S. waters. "Take" is
defined as "to harass, hunt, capture, collect or kill, or attempt to harass, hunt, capture,
collect or kill any marine mammal." Education is recognized as being a fundamental
part of enforcement efforts.
B. HARASSMENT DEFINITIONS. The term "harassment" is an element of taking under
the MMPA and includes two levels:
(1) LEVEL A - An act of pursuit, torment, or annoyance that has the potential to
injure a marine mammal or marine mammal stock in the wild.
(2) LEVEL B - An act of pursuit, torment, or annoyance that has the potential to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns including, but not limited to, migration,
breathing, nursing, breeding, feeding or sheltering, but which does not have the
potential to injure a marine mammal or marine mammal stock in the wild.
C. EXAMPLES OF HARASSMENT:
(1) Human Interactions - Diving or swimming, throwing objects, human feeding
(disrupts natural eating habits), high speed approaches by a vessel, and
deliberately maneuvering a vessel close to a whale are clear examples of
harassment.
(2) More Subtle Violations - Units should also be aware of more subtle violations.
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