(a) Under a Letter of Authorization issued pursuant to §§ 216.106 and 217.117 of this chapter, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals by Level A and Level B harassment within the area described in § 217.110(b) of this chapter, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the appropriate Letter of Authorization.
(b) The activities identified in § 217.110(c) of this chapter must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impact on marine mammals and their habitat.
(c) The incidental take of marine mammals under the activities identified in § 217.110(c) is limited to the following species, by the indicated method of take and the indicated number:
(1) Level B Harassment:
(i) Atlantic bottlenose dolphin (Tursiops truncatus) - 2,200 (an average of 444 annually);
(ii) Atlantic spotted dolphin (Stenella frontalis) - 1,765 (an average of 353 annually);
(iii) Pantropical spotted dolphin (S. attenuate) - 15 (an average of 3 annually);
(iv) Spinner dolphin (S. longirostris) - 15 (an average of 3 annually);
(v) Dwarf or pygmy sperm whale (Kogia simus or Kogia breviceps) - 10 (an average of 2 annually).
(2) Level A Harassment:
(i) Atlantic bottlenose dolphin (Tursiops truncatus) - 25 (an average of 5 annually);
(ii) Atlantic spotted dolphin (Stenella frontalis) - 20 (an average of 4 annually).