§ 217.292 - Permissible methods of taking.

§ 217.292 Permissible methods of taking.

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:

Table 1 to Paragraph (d)

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.