Code of Federal Regulations (Last Updated: April 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 218 - Regulations Governing the Taking and Importing of Marine Mammals |
Subpart J - Taking and Importing Marine Mammals; U.S. Navy's Mariana Islands Training and Testing (MITT) |
§ 218.92 - Permissible methods of taking.
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§ 218.92 Permissible methods of taking.
(a) Under a Letter of Authorization (an LOA ) issued pursuant to § §§ 216.106 of this section and 218.9796, the Holder of the Letter of Authorization LOA (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.90(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, provided the activity is in compliance with all terms, conditions, and requirements of these the regulations in this subpart and the appropriate applicable LOA.
(c) The(b) The activities identified in § 218.90(c) must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impacts on marine mammals and their habitat.
underincidental take of marine mammals
identifiedby the activities
following species, by the identified method of take:listed in § 218.90(c) is limited to the
(1) Level B Harassment for all Training and Testing Activities:
(i) Mysticetes:
(B)(A) Blue whale (Balaenoptera musculus) - 140 (an average of 28 annually)
species listed in Table 1 of this section.
(Table 1 to § 218.92(b)
Species Scientific name Blue whale Balaenoptera musculus. Bryde's whale ) - 1,990 (an average of 398 annually) (C)Balaenoptera edeni (. Fin whale ) - 140 (an average of 28 annually) (D)Balaenoptera physalus (. Humpback whale ) - 4,300 (an average of 860 annually) (E) (G)Megaptera novaeangliae (Balaenoptera acutorostrata) - 505 (an average of 101 annually). Minke whale (F) Sei whale (Balaenoptera borealis) - 1,595 (an average of 319 annually)
(Balaenoptera omurai) - 515 (an average of 103 annually)Balaenoptera acutorostrata. Omura's whale (ii) Odontocetes:
(A)(Mesoplodon densirostris) - 22,130 (an average of 4,426 annually)Balaenoptera omurai. Sei whale Balaenoptera borealis. Blainville's beaked whale (C)(B) Bottlenose dolphin (Tursiops truncatus) - 3,705 (an average of 741 annually)
(Mesoplodon densirostris. Common bottlenose dolphin Tursiops truncatus. Cuvier's beaked whale ) - 112,705 (an average of 22,541 annually) (D)Ziphius cavirostris (. Dwarf sperm whale ) - 71,085 (an average of 14,217 annually) (E)Kogia sima (. False killer whale ) - 2,775 (an average of 555 annually) (F)Pseudorca crassidens (. Fraser's dolphin ) - 12,860 (an average of 2,572 annually) (G) Gingko-Lagenodelphis hosei (. Ginkgo-toothed beaked whale ) - 19,485 (an average of 3,897 annually) (H)Mesoplodon ginkgodens (. Killer whale ) - 420 (an average of 84 annually) (I)Orcinus orca (. Longman's beaked whale ) - 9,620 (an average of 1,924 annually) (J)Indopacetus pacificus (. Melon-headed whale ) - 10,425 (an average of 2,085 annually) (K)Peponocephala electra (. Pantropical spotted dolphin ) - 64,055 (an average of 12,811 annually) (L)Stenella attenuata (. Pygmy killer whale ) - 525 (an average of 105 annually) (M)Feresa attenuata (. Pygmy sperm whale ) - 27,895 (an average of 5,579 annually) (N)Kogia breviceps (. Risso's dolphin ) - 2,525 (an average of 505 annually) (O)Grampus griseus (. Rough-toothed dolphin ) - 9,095 (an average of 1,819 annually) (P)Steno bredanensis (. Short-finned pilot whale ) - 9,075 (an average of 1,815 annually) (Q)Globicephala macrorhynchus (. Sperm whale ) - 2,530 (an average of 506 annually) (R)Physeter macrocephalus (. Spinner dolphin ) - 2,945 (an average of 589 annually) (S)Stenella longirostris (2) Level A Harassment for all Training and Testing Activities:
(i) Odontocetes:
(A) Dwarf sperm whale (Kogia sima) - 205 (an average of 41 annually)
(B) Pygmy sperm whale (Kogia breviceps) - 75 (an average of 15 annually)
(ii) [Reserved]
(Stenella coerulealba) - 16,490 (an average of 3,298 annually). Striped dolphin Stenella coeruleoalba.