50 CFR § 216.103 - Definitions.

---
identifier: "/us/cfr/t50/s216.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 216.103 - Definitions."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "216.103"
section_name: "Definitions."
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "216"
part_name: "REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361  unless otherwise noted."
regulatory_source: "39 FR 1852, Jan. 15, 1974, unless otherwise noted."
cfr_part: "216"
---


# 216.103 Definitions.

In addition to definitions contained in the MMPA, and in § 216.3, and unless the context otherwise requires, in subsequent subparts to this part:

*Arctic waters* means the marine and estuarine waters north of 60° N. lat.

*Citizens of the United States* and *U.S. citizens* mean individual U.S. citizens or any corporation or similar entity if it is organized under the laws of the United States or any governmental unit defined in 16 U.S.C. 1362(13). U.S. Federal, state and local government agencies shall also constitute citizens of the United States for purposes of this part.

*Incidental harassment, incidental taking* and *incidental, but not intentional, taking* all mean an accidental taking. This does not mean that the taking is unexpected, but rather it includes those takings that are infrequent, unavoidable or accidental. (A complete definition of “take” is contained in § 216.3).

*Negligible impact* is an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

*Small numbers* means a portion of a marine mammal species or stock whose taking would have a negligible impact on that species or stock.

*Specified activity* means any activity, other than commercial fishing, that takes place in a specified geographical region and potentially involves the taking of small numbers of marine mammals.

*Specified geographical region* means an area within which a specified activity is conducted and that has certain biogeographic characteristics.

*Unmitigable adverse impact* means an impact resulting from the specified activity:

(1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by:

(i) Causing the marine mammals to abandon or avoid hunting areas;

(ii) Directly displacing subsistence users; or

(iii) Placing physical barriers between the marine mammals and the subsistence hunters; and

(2) That cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.