216.200—Specified activity and specified geographical region.
Regulations in this subpart apply only to the incidental taking of those marine mammal species specified in paragraph (b) of this section by U.S. citizens engaged in oil and gas development activities in areas within state and/or Federal waters in the U.S. Beaufort Sea specified in paragraph (a) of this section. The authorized activities as specified in a Letter of Authorization issued under §§ 216.106 and 216.208 include, but may not be limited to, site construction, including ice road and pipeline construction, vessel and helicopter activity; and oil production activities, including ice road construction, and vessel and helicopter activity, but excluding seismic operations.
(b)
The incidental take by Level A harassment, Level B harassment or mortality of marine mammals under the activity identified in this section is limited to the following species: bowhead whale (Balaena mysticetus ), gray whale (Eschrichtius robustus ), beluga whale (Delphinapterus leucas ), ringed seal (Phoca hispida ), spotted seal (Phoca largha) and bearded seal (Erignathus barbatus ).