§217.322. Permissible methods of taking.
50 C.F.R. § 217.322
Under a Letter of Authorization (LOA) issued pursuant to § 216.106 of this chapter and § 217.326 or § 217.327, LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the area described in § 217.320(b) 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:
By Level B harassment associated with the acoustic disturbance of marine mammals by impact and vibratory pile driving and drilling (foundation installation), UXO/MEC detonations, and HRG site characterization surveys;
By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and ESP foundations and UXO/MEC detonations;
Take by mortality or serious injury of any marine mammal species is not authorized; and
The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species:
Notes, amendments, and revision history
Source
Source: 89 FR 52301, June 21, 2024; 89 FR 79778, Oct. 1, 2024, unless otherwise noted.
Authority
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
Source
Source: 74 FR 35143, July 20, 2009, unless otherwise noted.