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16 U.S.C. 1361 et seq.
74 FR 28343, June 15, 2009, unless otherwise noted.
91 FR 47702, July 28, 2026, unless otherwise noted.
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(a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Navy may incidentally, but not intentionally, take marine mammals within the area described in § 218.230(b) by Level A harassment and Level B harassment associated with the use of SURTASS LFA sonar during activities listed in § 218.230(c), provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOA.
(b) The incidental take of marine mammals by the activities listed in § 218.230(c) is limited to the following species:
| Species | Stock |
|---|---|
| North Pacific right whale | No stock designation (NSD). |
| Blue whale | NSD. |
| Blue whale | Central North Pacific. |
| Bryde's whale | NSD. |
| Bryde's whale | Hawaii. |
| Fin whale | NSD. |
| Fin whale | Hawaii. |
| Humpback whale | NSD. |
| Humpback whale | Hawaii. |
| Humpback whale | Western North Pacific. |
| Antarctic minke whale | NSD. |
| Minke whale | NSD. |
| Minke whale | Hawaii. |
| Omura's whale | NSD. |
| Sei whale | NSD. |
| Sei whale | Hawaii. |
| Sperm whale | NSD. |
| Sperm whale | North Pacific. |
| Sperm whale | Hawaii. |
| Dwarf sperm whale | NSD. |
| Dwarf sperm whale | Hawaii. |
| Pygmy sperm whale | NSD. |
| Pygmy sperm whale | Hawaii. |
| Baird's beaked whale | NSD. |
| Blainville's beaked whale | NSD. |
| Blainville's beaked whale | Hawaii. |
| Deraniyagala's beaked whale | NSD. |
| Ginkgo-toothed beaked whale | NSD. |
| Goose-beaked whale | NSD. |
| Goose-beaked whale | Hawaii. |
| Hubbs' beaked whale | NSD. |
| Longman's beaked whale | NSD. |
| Longman's beaked whale | Hawaii. |
| Stejneger's beaked whale | NSD. |
| False killer whale | NSD. |
| False killer whale | Main Hawaiian Islands Insular. |
| False killer whale | Hawaii Pelagic. |
| Killer whale | NSD. |
| Killer whale | Hawaii. |
| Melon-headed whale | NSD. |
| Melon-headed whale | Hawaiian Islands. |
| Pygmy killer whale | NSD. |
| Pygmy killer whale | Hawaii. |
| Short-finned pilot whale | NSD. |
| Short-finned pilot whale | Hawaii. |
| Bottlenose dolphin | NSD. |
| Bottlenose dolphin | Hawaii Pelagic. |
| Common dolphin | NSD. |
| Fraser's dolphin | NSD. |
| Fraser's dolphin | Hawaii. |
| Northern right whale dolphin | NSD. |
| Pacific white-sided dolphin | North Pacific. |
| Pantropical spotted dolphin | NSD. |
| Pantropical spotted dolphin | Hawaii Pelagic. |
| Risso's dolphin | NSD. |
| Risso's dolphin | Hawaii. |
| Rough-toothed dolphin | NSD. |
| Rough-toothed dolphin | Hawaii. |
| Spinner dolphin | NSD. |
| Spinner dolphin | Hawaii Pelagic. |
| Striped dolphin | NSD. |
| Striped dolphin | Hawaii Pelagic. |
| Dall's porpoise | NSD. |
| Northern fur seal | NSD. |
| Steller sea lion | Western. |
| Harbor seal | California. |
| Ribbon seal | NSD. |
| Hawaiian monk seal | Hawaii. |
| Ringed seal | NSD. |
| Spotted seal | Bering. |