§ 216.161 - Specified activity and incidental take levels by species.

(a) Regulations in this subpart apply only to the incidental taking of marine mammals specified in paragraph (b) of this section by persons engaged in the detonation of up to four 4,536 kg (10,000 lb) conventional explosive charges within the waters of the U.S. Atlantic Coast offshore Mayport, FL, for the purpose of conducting one full ship-shock trial (FSST) of the USS MESA VERDE (LPD 19) during the time period between July 23 and September 20, 2008, and May 1 and September 20, 2009 through 2013.

(b) The incidental take of marine mammals under the activity identified in paragraph (a) of this section is limited to the following species: Minke whale ( Balaenoptera acutorostrata ), dwarf sperm whale ( Kogia simus ); pygmy sperm whale ( K. breviceps ); pilot whale ( Globicephala macrorhynchus ); Atlantic spotted dolphin ( Stenella frontalis ); spinner dolphin ( S. longirostris ); bottlenose dolphin ( Tursiops truncatus ); Risso's dolphin ( Grampus griseus ); rough-toothed dolphin ( Steno bredanensis ); common dolphin ( Delphinus delphis ), false killer whale ( Pseudorca crassidens ); Cuvier's beaked whale ( Ziphius cavirostris ), Blainville's beaked whale ( Mesoplodon densirostris ); Gervais' beaked whale ( M. europaeus ); and True's beaked whale ( M. mirus ).

(c) The incidental take of marine mammals identified in paragraph (b) of this section is limited to a total, across all species, of no more than 1 mortality or serious injury, 2 takings by Level A harassment (injuries), and 282 takings by Level B behavioral harassment (through temporary threshold shift). The incidental taking of any species listed as threatened or endangered under the Endangered Species Act is prohibited.