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Heres the law...
Federal law - the Marine Mammal Protection Act (MMPA) - allows recreational fishers to deter a marine mammal from damaging their catch or gear so long as the measures used do not result in the death or serious injury of the marine mammal. NMFS is developing regulations that prohibit certain types of deterrence that may have significant adverse effects on marine mammals, as well as guidelines for safely deterring marine mammals. However, that guidance is not yet available so this interim advice is provided.
Acceptable deterrence measures by sport anglers:
Are utilized only when the fisher is actually fishing and deterrence efforts are aimed solely at protecting actively fished gear.
Are not utilized on seals/sea lions that are hauled-out on land, rocks or other structures (e.g., buoys, jettys, etc.).
Do not cause or have the potential to cause serious injury or mortality to the marine mammal. NMFS has defined injury as:
Injury to a marine mammal means a wound or other physical harm. Signs of injury include but are not limited to, visible blood flow, loss or damage to an appendage or jaw, inability to use one or more appendages, inability to swim, noticeable swelling or hemorrhage, lacerations, and puncture or rupture of eyeball.
To avoid injury to a marine mammal, anglers should not
Use firearms
Use any object that can or has the potential to pierce, cut or penetrate the body of a marine mammal
Examples of acceptable deterrence measures are:
Use of noise making devices
Use of firecrackers (small scale firecrackers with explosive power equal to or less than Class C explosives - e.g., "seal bombs") on seals and sea lions (provided that they are not placed in contact with the seal/sea lion's body). Check with local authorities to determine if use of pyrotechnics is allowed in your area before attempting to purchase seal-control firecrackers.
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