Under a Letter of Authorization (LOA) issued pursuant to § 216.106 of this chapter and § 217.326 or § 217.327, LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the area described in § 217.320(b) 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 and drilling (foundation installation), UXO/MEC detonations, and HRG site characterization surveys;
(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and ESP foundations and UXO/MEC detonations;
(c) Take by mortality or serious injury of any marine mammal species is not authorized; and
(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species:
| Marine mammal species
| Scientific name
| Stock
|
|---|
| Atlantic spotted dolphin | Stenella frontalis | Western North Atlantic.
|
| Atlantic white-sided dolphin | Lagenorhynchus acutus | Western North Atlantic.
|
| Blainsville's beaked whale | Mesoplodon densirostris | Western North Atlantic.
|
| Blue whale | Balaenoptera musculus | Western North Atlantic.
|
| Bottlenose dolphin | Tursiops truncatus | Western North Atlantic, offshore.
|
| Clymene dolphin | Stenella clymene | Western North Atlantic.
|
| Cuvier's beaked whale | Ziphius cavirostris | Western North Atlantic.
|
| Dwarf sperm whale | Kogia sima | Western North Atlantic.
|
| False killer whale | Pseudorca crassidens | Western North Atlantic.
|
| Fin whale | Balaenoptera physalus | Western North Atlantic.
|
| Fraser's dolphin | Lagenodelphis hosei | Western North Atlantic.
|
| Gervais' beaked whale | Mesoplodon europaeus | Western North Atlantic.
|
| Gray seal | Halichoerus grypus | Western North Atlantic.
|
| Harbor porpoise | Phocoena phocoena | Gulf of Maine/Bay of Fundy.
|
| Harbor seal | Phoca vitulina | Western North Atlantic.
|
| Harp seal | Pagophilus groenlandicus | Western North Atlantic.
|
| Hooded seal | Cystophora cristata | Western North Atlantic.
|
| Humpback whale | Megaptera novaeangliae | Gulf of Maine
|
| Killer whale | Orcinus orca | Western North Atlantic.
|
| Long-finned pilot whale | Globicephala melas | Western North Atlantic.
|
| Melon-headed whale | Peponocephala electra | Western North Atlantic.
|
| Minke whale | Balaenoptera acutorostrata | Canadian Eastern Coastal.
|
| North Atlantic right whale | Eubalaena glacialis | Western North Atlantic.
|
| Northern bottlenose whale | Hyperoodon ampullatus | Western North Atlantic.
|
| Pantropical spotted dolphin | Stenella attenuata | Western North Atlantic.
|
| Pygmy killer whale | Feresa attenuata | Western North Atlantic.
|
| Pygmy sperm whale | Kogia breviceps | Western North Atlantic.
|
| Risso's dolphin | Grampus griseus | Western North Atlantic.
|
| Rough-toothed dolphin | Steno bredanensis | Western North Atlantic.
|
| Sei whale | Balaenoptera borealis | Nova Scotia.
|
| Short-beaked common dolphin | Delphinus delphis | Western North Atlantic.
|
| Short-finned pilot whale | Globicephala macrorhynchus | Western North Atlantic.
|
| Sowerby's beaked whale | Mesoplodon bidens | Western North Atlantic.
|
| Sperm whale | Physeter macrocephalus | Western North Atlantic.
|
| Spinner dolphin | Stenella longirostris | Western North Atlantic.
|
| Striped dolphin | Stenella coeruleoalba | Western North Atlantic.
|
| True's beaked whale | Mesoplodon mirus | Western North Atlantic.
|
| White-beaked dolphin | Lagenorhynchus albirostris | Western North Atlantic. |