Under a LOA issued pursuant to §§ 216.106 and 217.316, Sunrise Wind and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the specified geographic area in the following ways, provided Sunrise Wind is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.
(a) By Level B harassment associated with the acoustic disturbance of marine mammals by impact pile driving WTG and OCS-DC foundations; pneumatic hammering of casing pipes; vibratory pile driving of goal posts and sheet piles; UXOs/MEC detonations, and HRG site characterization surveys.
(b) By Level A harassment associated with impact pile driving WTG and OCS-DC foundations and UXO/MEC detonations.
(c) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species and stocks:
| Marine mammal species
| Scientific name
| Stock
|
|---|
| Blue whale | Balaenoptera musculus | Western North Atlantic.
|
| Fin whale | Balaenoptera physalus | Western North Atlantic.
|
| Sei whale | Balaenoptera borealis | Nova Scotia.
|
| Minke whale | Balaenoptera acutorostrata | Canadian East Stock.
|
| North Atlantic right whale | Eubalaena glacialis | Western North Atlantic.
|
| Humpback whale | Megaptera novaeangliae | Gulf of Maine.
|
| Sperm whale | Physeter macrocephalus | North Atlantic.
|
| Atlantic spotted dolphin | Stenella frontalis | Western North Atlantic.
|
| Atlantic white-sided dolphin | Lagenorhynchus acutus | Western North Atlantic.
|
| Bottlenose dolphin | Tursiops truncatus | Western North Atlantic Offshore.
|
| Common dolphin | Delphinus delphis | Western North Atlantic.
|
| Harbor porpoise | Phocoena phocoena | Gulf of Maine/Bay of Fundy.
|
| Long-finned pilot whale | Globicephala melas | Western North Atlantic.
|
| Risso's dolphin | Grampus griseus | Western North Atlantic.
|
| Gray seal | Halichoerus grypus | Western North Atlantic.
|
| Harbor seal | Phoca vitulina | Western North Atlantic. |