I'm confused by the language....

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Posted by msblucow on February 16, 2003 at 15:25:07:

In Reply to: Re: DFG proposes to forbid night diving at SBI and Anacapa posted by Chris on February 13, 2003 at 20:08:53:

The newsletter says the following:

The emergency regulations authorize incidental take of Xantus’s murrelets during the night-time (dusk to dawn) vessel operations from February 1 to July 15, within one nautical mile of Santa Barbara and Anacapa Islands, if vessels comply with the following conditions:
1) vessels are not engaged in night fishing or night diving;
2) external loud speakers on the vessels are not in use;
3) vessels are within a designated anchorage or safe harbor during the night, except when transiting through the specified areas; and
4) lighting on the vessels is limited to navigational lighting necessary for safe operations.

Take is also authorized during night-time
vessel operations from July 16 to January 31,
and at any time beyond the specified areas
around Santa Barbara and Anacapa Islands.
report and recommendation as to whether listing
of Xantus’s murrelet under CESA is warranted.
The Commission will then decide whether to list
the murrelet under CESA and, if listed, designate it as a threatened or endangered species.

I don't understand what they mean by "incidental take" of Xantus’s murrelets. If you're not involved in "incidental taking" of the birds, do these rules not apply to you? Does anyone out there have a clue?

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