View all text of Subpart FF [§ 217.310 - § 217.318—217.319]
§ 217.312 - Permissible methods of taking.
Under a LOA issued pursuant to §§ 216.106 and 217.316, Sunrise Wind and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the specified geographic area in the following ways, provided Sunrise Wind is in 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 pile driving WTG and OCS-DC foundations; pneumatic hammering of casing pipes; vibratory pile driving of goal posts and sheet piles; UXOs/MEC detonations, and HRG site characterization surveys.
(b) By Level A harassment associated with impact pile driving WTG and OCS-DC foundations and UXO/MEC detonations.
(c) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species and stocks:
Table 1 to Paragraph
| Marine mammal species | Scientific name | Stock | Blue whale | Western North Atlantic. | Fin whale | Western North Atlantic. | Sei whale | Nova Scotia. | Minke whale | Canadian East Stock. | North Atlantic right whale | Western North Atlantic. | Humpback whale | Gulf of Maine. | Sperm whale | North Atlantic. | Atlantic spotted dolphin | Western North Atlantic. | Atlantic white-sided dolphin | Western North Atlantic. | Bottlenose dolphin | Western North Atlantic Offshore. | Common dolphin | Western North Atlantic. | Harbor porpoise | Gulf of Maine/Bay of Fundy. | Long-finned pilot whale | Western North Atlantic. | Risso's dolphin | Western North Atlantic. | Gray seal | Western North Atlantic. | Harbor seal | Western North Atlantic. |
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