Laws & Protections
LAWS AND REGULATIONS RELATED TO SEA OTTER HARRASSMENT
Code of Federal Regulations
50 CFR 17.3, 17.21, 17.31 (Harassment of Endangered Species)
It is unlawful to “take” any Threatened or Endangered species. Take includes harassment. Harassment is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering.
50 CFR 19.11 (Airborne Hunting Act)
No person shall use an aircraft to harass any wildlife. This law has been applied in cases of aircraft disturbing nesting seabirds.
50 CFR 216.3, 216.11 (Harassment of Marine Mammals)
It is unlawful to “take” any marine mammal. Take includes harassment. Harassment is defined as any act of pursuit, torment, or annoyance which has the potential to injure (Level A) or disturb by causing disruption of behavioral patterns (Level B) a marine mammal or marine mammal stock in the wild.
50 CFR 922.132, 922.82, and 922.72 (Taking of Birds and Mammals in National Marine Sanctuaries)
It is unlawful to “take” any marine mammal, sea turtle, or bird within or above the Sanctuary. Definition of take (90 CFR 922.3) includes “harass, hunt, capture, kill, collect or injure, or to attempt to engage in any such conduct.” This includes but is not limited to “…to operate a vessel or aircraft or to do any other act that results in the disturbance or molestation of any marine mammal, sea turtle or seabird.” Operation of aircraft under 1,000 feet is presumed to cause take.
California Code of Regulations
14 CCR 251.1 (Harassment of Animals)
It is unlawful to harass, herd or drive any game or nongame bird or mammal or furbearing mammal. For the purposes of this section, harass is defined as an intentional act which disrupts an animal's normal behavior patterns, which includes, but is not limited to, breeding, feeding or sheltering.
14 CCR 4305 (Wildlife in State Parks)
It is unlawful within a State Park to molest, hunt, disturb, harm, feed, touch, tease, or spotlight any kind of animal or fish or so attempt.
Fish and Game Code
FGC 10501.5 (Flight Restrictions)
It is unlawful to fly any aircraft to fly less than 3,000 ft. over the Sespe Condor Sanctuary, and less than 1,000 ft. over the Año Nuevo State Reserve, The Farallon Islands Game Refuge, the Point Lobos State Reserve, the California Sea Otter Game Refuge, and Anacapa, San Miguel, Santa Barbara, and San Nicolas Islands, except for rescue operations, in cases of any emergency, or for scientific or filmmaking purposes under a permit issued by the department after a review of potential biological impacts.
OTHER RELATED LAWS
There are several additional regulations pertaining to lethal take of wildlife, including the federal Migratory Bird Treaty Act, National Park regulations, and several state regulations. The California state definition of “take” (FGC 86) is to “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” which pertains to active pursuit, but not to incidental harassment of wildlife.