View all text of Subpart II [§ 217.340 - § 217.349]
§ 217.342 - Permissible methods of taking.
Under the LOA, issued pursuant to §§ 216.106 of this chapter and 217.346, the 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 vicinity of BOEM Lease Area OCS-A 0490 Commercial Lease of Submerged Lands for Renewable Energy Development and associated cable corridor, provided the 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 pile driving (WTG, OSS, and Met tower foundation installation) and HRG site characterization surveys.
(b) By Level A harassment associated with auditory injury of marine mammals by impact pile driving of WTG foundations.
(c) Take by mortality 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 species.
Table 1 to Paragraph
Marine mammal species | Scientific name | Stock | North Atlantic right whale | Western Atlantic. | Fin whale | Western North Atlantic. | Humpback whale | Gulf of Maine. | Minke whale | Canadian Eastern Coastal. | Sei whale | Nova Scotia. | Killer whale | Western North Atlantic. | Atlantic spotted dolphin | Western North Atlantic. | Pantropical spotted dolphin | Western North Atlantic. | Bottlenose dolphin | Western North Atlantic—Offshore.
Northern Migratory Coastal. | Common dolphin | Western North Atlantic. | Long-finned pilot whale | Western North Atlantic. | Short-finned pilot whale | Western North Atlantic. | Risso's dolphin | Western North Atlantic. | Rough-toothed dolphin | Western North Atlantic. | Striped dolphin | Western North Atlantic. | Harbor porpoise | Gulf of Maine/Bay of Fundy. | Gray seal | Western North Atlantic. | Harbor seal | Western North Atlantic. | Harp seal | Western North Atlantic. |
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