50 C.F.R. § 217.342

Current through October 31, 2024

Section 217.342 - [Effective 1/1/2025] [Effective until 12/31/2029] 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 (d)

Marine mammal species	Scientific name	Stock
North Atlantic right whale	Eubalaena glacialis	Western Atlantic.
Fin whale	Balaenoptera physalus	Western North Atlantic.
Humpback whale	Megaptera novaeangliae	Gulf of Maine.
Minke whale	Balaenoptera acutorostrata	Canadian Eastern Coastal.
Sei whale	Balaenoptera borealis	Nova Scotia.
Killer whale	Orcinus orca	Western North Atlantic.
Atlantic spotted dolphin	Stenella frontalis	Western North Atlantic.
Pantropical spotted dolphin	Stenella attenuata	Western North Atlantic.
Bottlenose dolphin	Tursiops truncatus	Western North Atlantic-Offshore. Northern Migratory Coastal.
Common dolphin	Delphinus delphis	Western North Atlantic.
Long-finned pilot whale	Globicephala melas	Western North Atlantic.
Short-finned pilot whale	Globicephala macrorhynchus	Western North Atlantic.
Risso's dolphin	Grampus griseus	Western North Atlantic.
Rough-toothed dolphin	Steno bredanensis	Western North Atlantic.
Striped dolphin	Stenella coeruleoalba	Western North Atlantic.
Harbor porpoise	Phocoena phocoena	Gulf of Maine/Bay of Fundy.
Gray seal	Halichoerus grypus	Western North Atlantic.
Harbor seal	Phoca vitulina	Western North Atlantic.
Harp seal	Pagophilus groenlandicus	Western North Atlantic.

50 C.F.R. §217.342

89 FR 84715 , 1/1/2025 through 12/31/2029