Unmitigable adverse impact
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.
Source
50 CFR § 216.103
Scoping language
In addition to definitions contained in the MMPA, and in 216.3, and unless the context otherwise requires, in subsequent subparts to this part: