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e-CFR data is current as of July 9, 2020

Title 50Chapter IISubchapter CPart 218Subpart I → §218.82


Title 50: Wildlife and Fisheries
PART 218—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS
Subpart I—Taking and Importing Marine Mammals; U.S. Navy's Atlantic Fleet Training and Testing (AFTT)


§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

SpeciesStock
Suborder Mysticeti (baleen whales)
Family Balaenidae (right whales):
North Atlantic right whaleWestern.
Family Balaenopteridae (roquals):
Blue whaleWestern North Atlantic (Gulf of St. Lawrence).
Bryde's whaleNorthern Gulf of Mexico
NSD.
Minke whaleCanadian East Coast.
Fin whaleWestern North Atlantic.
Humpback whaleGulf of Maine.
Sei whaleNova Scotia.
Suborder Odontoceti (toothed whales)
Family Physeteridae (sperm whale):
Sperm whaleGulf of Mexico Oceanic.
North Atlantic.
Family Kogiidae (sperm whales):
Dwarf sperm whaleGulf of Mexico Oceanic.
Western North Atlantic.
Pygmy sperm whaleNorthern Gulf of Mexico.
Western North Atlantic.
Family Ziphiidae (beaked whales):
Blainville's beaked whaleNorthern Gulf of Mexico.
Western North Atlantic.
Cuvier's beaked whaleNorthern Gulf of Mexico.
Western North Atlantic.
Gervais' beaked whaleNorthern Gulf of Mexico.
Western North Atlantic.
Northern bottlenose whaleWestern North Atlantic.
Sowersby's beaked whaleWestern North Atlantic.
True's beaked whaleWestern North Atlantic.
Family Delphinidae (dolphins):
Atlantic spotted dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Atlantic white-sided dolphinWestern North Atlantic.
Bottlenose dolphinChoctawhatchee 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 dolphinNorthern Gulf of Mexico.
Western North Atlantic.
False killer whaleNorthern Gulf of Mexico.
Western North Atlantic.
Fraser's dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Killer whaleNorthern Gulf of Mexico.
Western North Atlantic.
Long-finned pilot whaleWestern North Atlantic.
Melon-headed whaleNorthern Gulf of Mexico.
Western North Atlantic.
Pantropical spotted dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Pygmy killer whaleNorthern Gulf of Mexico.
Western North Atlantic.
Risso's dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Rough-toothed dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Short-beaked common dolphinWestern North Atlantic.
Short-finned pilot whaleNorthern Gulf of Mexico.
Western North Atlantic.
Spinner dolphinNorthern Gulf of Mexico.
Western North Atlantic.
Striped dolphinNorthern Gulf of Mexico.
Western North Atlantic.
White-beaked dolphinWestern North Atlantic.
Family Phocoenidae (porpoises):
Harbor porpoiseGulf of Maine/Bay of Fundy.
Suborder Pinnipedia
Family Phocidae (true seals):
Gray sealWestern North Atlantic.
Harbor sealWestern North Atlantic.
Harp sealWestern North Atlantic.
Hooded sealWestern North Atlantic.

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