§ 217.312 - Permissible methods of taking.

§ 217.312 Permissible methods of taking.

Under a LOA issued pursuant to §§ 216.106 and 217.316, Sunrise Wind and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the specified geographic area in the following ways, provided Sunrise Wind is in 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 pile driving WTG and OCS-DC foundations; pneumatic hammering of casing pipes; vibratory pile driving of goal posts and sheet piles; UXOs/MEC detonations, and HRG site characterization surveys.

(b) By Level A harassment associated with impact pile driving WTG and OCS-DC foundations and UXO/MEC detonations.

(c) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species and stocks:

Table 1 to Paragraph (c)

Marine mammal species	Scientific name	Stock
Blue whale	Balaenoptera musculus	Western North Atlantic.
Fin whale	Balaenoptera physalus	Western North Atlantic.
Sei whale	Balaenoptera borealis	Nova Scotia.
Minke whale	Balaenoptera acutorostrata	Canadian East Stock.
North Atlantic right whale	Eubalaena glacialis	Western North Atlantic.
Humpback whale	Megaptera novaeangliae	Gulf of Maine.
Sperm whale	Physeter macrocephalus	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.
Common dolphin	Delphinus delphis	Western North Atlantic.
Harbor porpoise	Phocoena phocoena	Gulf of Maine/Bay of Fundy.
Long-finned pilot whale	Globicephala melas	Western North Atlantic.
Risso's dolphin	Grampus griseus	Western North Atlantic.
Gray seal	Halichoerus grypus	Western North Atlantic.
Harbor seal	Phoca vitulina	Western North Atlantic.