§ 217.112 - Permissible methods of taking.

§ 217.112 Permissible methods of taking.

(a) Under a Letter of Authorization

Under an LOA issued pursuant to §§ 216.106 of this chapter and 217.

117 of this chapter

116, the Holder of the

Letter of Authorization

LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals

by Level A and Level B harassment

within the area described in

§

217.110(b)

of this chapter

by harassment associated with construction activities related to replacement of Pier 3, provided the activity is in compliance with all terms, conditions, and requirements of the regulations under this subpart and the

appropriate Letter of Authorization.

(b) The activities identified in § 217.110(c) of this chapter must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impact on marine mammals and their habitat.

(c) The incidental take of marine mammals under the activities identified in § 217.110(c) is limited to the following species, by the indicated method of take and the indicated number:

(1) Level B Harassment:

(i) Atlantic bottlenose dolphin (Tursiops truncatus)—2,200 (an average of 444 annually);

(ii) Atlantic spotted dolphin (Stenella frontalis)—1,765 (an average of 353 annually);

(iii) Pantropical spotted dolphin (S. attenuate)—15 (an average of 3 annually);

(iv) Spinner dolphin (S. longirostris)—15 (an average of 3 annually);

(v) Dwarf or pygmy sperm whale (Kogia simus or Kogia breviceps)—10 (an average of 2 annually).

(2) Level A Harassment:

(i) Atlantic bottlenose dolphin (Tursiops truncatus)—25 (an average of 5 annually);

(ii) Atlantic spotted dolphin (Stenella frontalis)—20 (an average of 4 annually).

applicable LOA.