(a) Under an LOA issued pursuant to §§ 216.106 of this chapter and 218.156, the Navy may incidentally, but not intentionally, take marine mammals within the TMAA only, by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA.
(b) The incidental take of marine mammals by the activities listed in § 218.150(c) is limited to the following species:
| Species
| Stock
|
|---|
| Blue whale | Central North Pacific.
|
| Blue whale | Eastern North Pacific.
|
| Fin whale | Northeast Pacific.
|
| Humpback whale | Western North Pacific.
|
| Humpback whale | Central North Pacific.
|
| Humpback whale | California/Oregon/Washington.
|
| Minke whale | Alaska.
|
| North Pacific right whale | Eastern North Pacific.
|
| Sei whale | Eastern North Pacific.
|
| Gray whale | Eastern North Pacific.
|
| Killer whale | Eastern North Pacific Offshore.
|
| Killer whale | Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient.
|
| Pacific white-sided dolphin | North Pacific.
|
| Dall's porpoise | Alaska.
|
| Sperm whale | North Pacific.
|
| Baird's beaked whale | Alaska.
|
| Cuvier's beaked whale | Alaska.
|
| Stejneger's beaked whale | Alaska.
|
| Northern fur seal | Eastern Pacific.
|
| Northern fur seal | California.
|
| Northern elephant seal | California. |
source: 74 FR 28343, June 15, 2009, unless otherwise noted.
cite as: 50 CFR 218.152