Title 50

SECTION 218.82

218.82 Permissible methods of taking.

§ 218.82 Permissible methods of taking.

(a) Under LOAs issued pursuant to §§ 216.106 of this chapter and 218.86, the Holder of the LOAs (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.80(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives as well as serious injury or mortality associated with ship shock trials and vessel strikes, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs.

(b) The incidental take of marine mammals by the activities listed in § 218.80(c) is limited to the following species:

Table 1 to § 218.82

Species	Stock
Suborder Mysticeti (baleen whales)
Family Balaenidae (right whales):
North Atlantic right whale	Western.
Family Balaenopteridae (roquals):
Blue whale	Western North Atlantic (Gulf of St. Lawrence).
Bryde's whale	Northern Gulf of Mexico NSD.
Minke whale	Canadian East Coast.
Fin whale	Western North Atlantic.
Humpback whale	Gulf of Maine.
Sei whale	Nova Scotia.
Suborder Odontoceti (toothed whales)
Family Physeteridae (sperm whale):
Sperm whale	Gulf of Mexico Oceanic. North Atlantic.
Family Kogiidae (sperm whales):
Dwarf sperm whale	Gulf of Mexico Oceanic. Western North Atlantic.
Pygmy sperm whale	Northern Gulf of Mexico. Western North Atlantic.
Family Ziphiidae (beaked whales):
Blainville's beaked whale	Northern Gulf of Mexico. Western North Atlantic.
Cuvier's beaked whale	Northern Gulf of Mexico. Western North Atlantic.
Gervais' beaked whale	Northern Gulf of Mexico. Western North Atlantic.
Northern bottlenose whale	Western North Atlantic.
Sowersby's beaked whale	Western North Atlantic.
True's beaked whale	Western North Atlantic.
Family Delphinidae (dolphins):
Atlantic spotted dolphin	Northern Gulf of Mexico. Western North Atlantic.
Atlantic white-sided dolphin	Western North Atlantic.
Bottlenose dolphin	Choctawhatchee Bay. Gulf of Mexico Eastern Coastal. Gulf of Mexico Northern Coastal. Gulf of Mexico Western Coastal. Indian River Lagoon Estuarine System. Jacksonville Estuarine System. Mississippi Sound, Lake Borgne, Bay Boudreau. Northern Gulf of Mexico Continental Shelf. Northern Gulf of Mexico Oceanic. Northern North Carolina Estuarine System. Southern North Carolina Estuarine System. Western North Atlantic Northern Florida Coastal. Western North Atlantic Central Florida Coastal. Western North Atlantic Northern Migratory Coastal. Western North Atlantic Offshore. Western North Atlantic South Carolina/Georgia Coastal. Western North Atlantic Southern Migratory Coastal.
Clymene dolphin	Northern Gulf of Mexico. Western North Atlantic.
False killer whale	Northern Gulf of Mexico. Western North Atlantic.
Fraser's dolphin	Northern Gulf of Mexico. Western North Atlantic.
Killer whale	Northern Gulf of Mexico. Western North Atlantic.
Long-finned pilot whale	Western North Atlantic.
Melon-headed whale	Northern Gulf of Mexico. Western North Atlantic.
Pantropical spotted dolphin	Northern Gulf of Mexico. Western North Atlantic.
Pygmy killer whale	Northern Gulf of Mexico. Western North Atlantic.
Risso's dolphin	Northern Gulf of Mexico. Western North Atlantic.
Rough-toothed dolphin	Northern Gulf of Mexico. Western North Atlantic.
Short-beaked common dolphin	Western North Atlantic.
Short-finned pilot whale	Northern Gulf of Mexico. Western North Atlantic.
Spinner dolphin	Northern Gulf of Mexico. Western North Atlantic.
Striped dolphin	Northern Gulf of Mexico. Western North Atlantic.
White-beaked dolphin	Western North Atlantic.
Family Phocoenidae (porpoises):
Harbor porpoise	Gulf of Maine/Bay of Fundy.
Suborder Pinnipedia
Family Phocidae (true seals):
Gray seal	Western North Atlantic.
Harbor seal	Western North Atlantic.
Harp seal	Western North Atlantic.
Hooded seal	Western North Atlantic.