Under a LOA, issued pursuant to §§ 216.106 and 217.296, LOA Holder and those persons it authorizes or funds to conduct activities on its behalf may incidentally, but not intentionally, take marine mammals within BOEM Lease Area OCS-A 0483 Commercial Lease of Submerged Lands for Renewable Energy Development, along export cable routes, and at the sea-to-shore transition point located at the State Military Reservation in Virginia Beach, Virginia in the following ways, provided LOA Holder is in complete 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 and vibratory pile driving (WTG and OSS foundation installation), impact pile driving of goal posts, vibratory pile driving of temporary cofferdams, and HRG site characterization surveys; and
(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving WTG and OSS foundations.
(c) Take by mortality or serious injury of any marine mammal species is not authorized.
(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following stocks:
| Marine mammal species
| Scientific name
| Stock
|
|---|
| North Atlantic right whale | Eubalaena glacialis | Western North Atlantic.
|
| Fin whale | Balaenoptera physalus | Western North Atlantic.
|
| Humpback whale | Megaptera novaeangliae | Gulf of Maine.
|
| Minke whale | Balaenoptera acutorostrata | Canadian Eastern Coastal.
|
| Sei whale | Balaenoptera borealis | Nova Scotia.
|
| Sperm whale | Physeter macrocephalus | North Atlantic.
|
| Pygmy sperm whale | Kogia breviceps | Western 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.
Southern Migratory Coastal.
|
| Clymene dolphin | Stenella clymene | Western North Atlantic.
|
| Common dolphin | Delphinus delphis | Western North Atlantic.
|
| False killer whale | Pseudorca crassidens | Western North Atlantic.
|
| Melon-headed whale | Peponocephala electra | Western North Atlantic.
|
| Long-finned pilot whale | Globicephala melas | Western North Atlantic.
|
| Short-finned pilot whale | Globicephala macrorhynchus | Western North Atlantic.
|
| Pantropical spotted dolphin | Stenella attenuata | Western North Atlantic.
|
| Risso's dolphin | Grampus griseus | Western North Atlantic.
|
| Harbor porpoise | Phocoena phocoena | Gulf of Maine/Bay of Fundy.
|
| Gray seal | Halichoerus grypus | Western North Atlantic.
|
| Harbor seal | Phoca vitulina | Western North Atlantic. |