50 CFR § 18.106 - Prohibited take under an LOA.

---
identifier: "/us/cfr/t50/s18.106"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 18.106 - Prohibited take under an LOA."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "18.106"
section_name: "Prohibited take under an LOA."
chapter_name: "UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS"
part_number: "18"
part_name: "MARINE MAMMALS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361"
regulatory_source: "39 FR 7262, Feb. 25, 1974, unless otherwise noted."
cfr_part: "18"
---


# 18.106 Prohibited take under an LOA.

(a) Except as otherwise provided in this subpart, prohibited taking includes the provisions of § 18.11 as well as: intentional take, lethal incidental take of sea otters, and any take that fails to comply with the regulations in this subpart or with the terms and conditions of an LOA.

(b) If specified activities cause unauthorized take, the holder of an LOA must:

(1) Cease activities immediately (or reduce activities to the minimum level necessary to maintain safety);

(2) Report the details of the incident within 24 hours to the FWS's MMM at 907-786-3800 (business hours) or via email at *[email protected].* If the unauthorized taking results in a sea otter being injured or killed, call the FWS MMM during business hours or the Alaska SeaLife Center in Seward (1-888-774-7325, 24 hours a day);

(3) Provide photographs, video, location information, and any other available documentation related to the unauthorized take of the sea otter(s) to the FWS; and

(4) Suspend further activities until the FWS has reviewed the circumstances, determined whether additional mitigation measures are necessary to avoid further unauthorized taking, and notified the LOA holder that project activities may resume.