Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 50 - Wildlife and Fisheries |
Chapter II - National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce |
SubChapter C - Marine Mammals |
Part 217 - Regulations Governing the Take of Marine Mammals Incidental to Specified Activities |
Subpart O - Taking of Marine Mammals Incidental to Operation of Offshore Oil and Gas Facilities in the U.S. Beaufort Sea |
§ 217.142 - Permissible methods of taking.
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§ 217.142 Permissible methods of taking.
(a) Under Letters of Authorization issued pursuant to §§ 216.106 and 217.148 of this chapter, the Holder of the Letter of Authorization (hereinafter “BP”) may incidentally, but not intentionally, take marine mammals within the area described in § 217.140(b), provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate Letter of Authorization.
(b) The activities identified in § 217.140(a) must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impacts on marine mammals and their habitat.
(c) The incidental take of marine mammals under the activities identified in § 217.140(a) is limited to the following species and by the indicated method and amount of take:
(1) Level B Harassment:
(i) Cetaceans:
(A) Bowhead whale (Balaena mysticetus) - 75 (an average of 15 annually)
(B) Gray whale (Eschrichtius robustus) - 10 (an average of 2 annually)
(C) Beluga whale (Delphinapterus leucas) - 100 (an average of 20 annually)
(ii) Pinnipeds:
(A) Ringed seal (Phoca hispida) - 155 (an average of 31 annually)
(B) Bearded seal (Erignathus barbatus) - 25 (an average of 5 annually)
(C) Spotted seal (Phoca largha) - 25 (an average of 5 annually)
(2) Level A Harassment and Mortality: Ringed seal - 25 (an average of 5 annually)