The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions.  The MMPA allows, upon request, the incidental take of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographic region provided the taking would be of small numbers; have no more than a negligible impact on those marine mammal stocks or species; and the take would not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses. Incidental take is an unintentional, but not unexpected, "take". Take is defined at 16 U.S.C. 1362 Sec.3(13) (to 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...). The applicant must seek authorization to incidentally take marine mammals when conducting otherwise lawful activities that are likely to result in incidental take. Two types of incidental take authorizations 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, and are valid for up to one year after the effective date of the authorization. An LOA is required for actions that have the potential to cause mortality or serious injury, or may be used for actions expected to continue for longer durations (up to the maximum effective period of five years). More information may be found at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act