1. Regulations
  2. title 50
  3. chapter II
  4. part 217
  5. subpart EE
  6. § 217.302

View all text of Subpart EE [§ 217.300 - § 217.309]

§ 217.302 - Permissible methods of taking.

Under the LOA, issued pursuant to §§ 216.106 and 217.306, LOA Holder and those persons it authorizes or funds to conduct activities on its behalf may incidentally, but not intentionally, take marine mammals within BOEM Lease Areas, along export cable routes, and the two sea-to-shore transition points located in New Jersey at Atlantic City and Monmouth 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 resulting from impact pile driving of WTG, OSS, and Met Tower foundations, vibratory pile driving of temporary cofferdams, and HRG site characterization surveys; and

(b) By Level A harassment associated with the acoustic injury of marine mammals by impact pile driving WTG, OSS, and Met Tower foundations.

(c) Take by mortality (death) or serious injury of any marine mammal species is not authorized.

(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following stocks:

Table 1 to Paragraph (d)

Marine mammal species Scientific name Stock North Atlantic right whaleEubalaena glacialisWestern North Atlantic. Fin whaleBalaenoptera physalusWestern North Atlantic. Humpback whaleMegaptera novaeangliaeGulf of Maine. Minke whaleBalaenoptera acutorostrataCanadian Eastern Coastal. Sei whaleBalaenoptera borealisNova Scotia. Sperm whalePhyseter macrocephalusNorth Atlantic. Atlantic spotted dolphinStenella frontalisWestern North Atlantic. Atlantic white-sided dolphinLagenorhynchus acutusWestern North Atlantic. Bottlenose dolphinTursiops truncatusWestern North Atlantic—Offshore. Northern Migratory Coastal. Common dolphinDelphinus delphisWestern North Atlantic. Long-finned pilot whaleGlobicephala melasWestern North Atlantic. Short-finned pilot whaleGlobicephala macrorhynchusWestern North Atlantic. Risso's dolphinGrampus griseusWestern North Atlantic. Harbor porpoisePhocoena phocoenaGulf of Maine/Bay of Fundy. Gray sealHalichoerus grypusWestern North Atlantic. Harbor sealPhoca vitulinaWestern North Atlantic.

AUTHORITY: 16 U.S.C. 1361

SOURCE: 74 FR 35143, July 20, 2009, unless otherwise noted.

CITE AS: 50 CFR 217.302