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16 U.S.C. 1361 et seq.
74 FR 28343, June 15, 2009, unless otherwise noted.
88 FR 24100, Apr. 18, 2023, unless otherwise noted.
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(a) Under an LOA issued pursuant to § 216.106 of this subchapter and § 218.66, the Holder of the LOA (hereinafter “USAF”) may incidentally, but not intentionally, take marine mammals within the area described in § 218.60(b) by Level A and Level B harassment (defined in section 3(18)(B) of the Marine Mammal Protection Act) associated training and testing activities described in § 218.60(c) provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA.
(b) The incidental take of marine mammals by the activities listed in § 218.60(c) is limited to the species and stocks listed in table 1 to this paragraph (b). Only Level B Harassment of Rice's whales is authorized. Level A Harassment and level B Harassment of the two dolphin stocks are authorized.
| Common name | Scientific name | Stock |
|---|---|---|
| Atlantic spotted dolphin | Stenella frontalis | Northern Gulf of Mexico. |
| Common Bottlenose dolphin | Tursiops truncatus | Northern Gulf of Mexico Continental Shelf. |
| Rice's whale | Balaenoptera ricei | No Stock Designated. |