incidental take = accidental killing

Outer Bamnks diving on the Great Escape Southern California Live-Aboard Dive Boat

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Posted by Fishdan on February 17, 2003 at 18:23:48:

In Reply to: I'm confused by the language.... posted by msblucow on February 16, 2003 at 15:25:07:

I'm not a laywer but a diver/fisherman/biologist and my understanding of the rules is that if you are trying your hardest to not kill these nocturnal birds and one runs into your boat and dies you are OK. But if you have a single light on other than that required by the Coast Guard regs, or a transiter radio on, or a dive light turned on you will be cited for causing a hazard. Make no mistake, the intense lights of the squid light boats can disorient a noctunal bird. But a small deck light or a dive light 10' underwater? Can we night dive on a full moon without lights? Don't know if it is legal but it sure can be interesting.

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