So is tipping an otter off a dive float defined as harassment? behavior intended to disturb or upset, and it is characteristically repetitive.
Text of the Marine Mammal Protection Act (MMPA) :: NOAA Fisheries
(13) The term "take" means to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.
....
A) The term "harassment" means any act of pursuit, torment, or annoyance which
(i) has the potential to injure a marine mammal or marine mammal stock in the wild; or
(ii) 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.
(B) In the case of a military readiness activity (as defined in section 315(f) of Public Law 107314; 16 U.S.C. 703 note) or a scientific research activity conducted by or on behalf of the Federal Government consistent with section 1374 (c)(3) of this title, the term "harassment" means
(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild; or
(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered.
---------- Post added March 9th, 2015 at 04:31 PM ----------
Can you point me to a legal reference or a case to back up that statement. I know everyone has an opinion but I am trying to get down to the hard facts about this.
Call these guys:
Contact NMFS Office of Protected Resources :: NOAA Fisheries
Text of the Marine Mammal Protection Act (MMPA) :: NOAA Fisheries
Section 105. Penalties 16 U.S.C. 1375
Sec. 105. (a)(1) Any person who violates any provision of this title or of any permit or regulation issued thereunder, except as provided in section 118, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Each unlawful taking or importation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action.
(2) In any case involving an alleged unlawful importation of a marine mammal or marine mammal product, if such importation is made by an individual for his own personal or family use (which does not include importation as an accommodation to others or for sale or other commercial use), the Secretary may, in lieu of instituting a proceeding under paragraph (1), allow the individual to abandon the mammal or product, under procedures to be prescribed by the Secretary, to the enforcement officer at the port of entry.
(b) Any person who knowingly violates any provision of this title or of any permit or regulation issued thereunder (except as provided in section 118) shall, upon conviction, be fined not more than $20,000 for each such violation, or imprisoned for not more than one year, or both.