---
kind: "section"
citation: "50 C.F.R. § 217.322"
title: "50"
number: "217.322"
heading: "Permissible methods of taking."
url: "https://uscodex.org/cfr/50/217.322"
---

# §217.322. Permissible methods of taking.


Under a Letter of Authorization (LOA) issued pursuant to [§ 216.106](/cfr/50/216.106.md) of this chapter and [§ 217.326](/cfr/50/217.326.md) or [§ 217.327](/cfr/50/217.327.md), 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)](/cfr/50/217.320.md?p=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:

- (a) 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;
- (b) 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;
- (c) Take by mortality or serious injury of any marine mammal species is not authorized; and
- (d) The incidental take of marine mammals by the activities listed in paragraphs [(a)](#a) and [(b)](#b) of this section is limited to the following species:

## Notes

### 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.