218.2—Permissible methods of taking.
(a)
Under Letters of Authorization issued pursuant to § 216.106 of this chapter and § 218.7, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals within the area described in § 218.1(b), 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 § 218.1(c) must be conducted in a manner that minimizes, to the greatest extent practicable, any adverse impacts on marine mammals and their habitat.
(c)
The incidental take of marine mammals under the activities identified in § 218.1(c) is limited to the following species, by the indicated method of take and the indicated number of times:
(A)
Humpback whale (Megaptera novaeangliae )—10 (an average of 2 annually); and
(B)
Fin whale (Balaenoptera physalus )—10 (an average of 2 annually).
(A)
Sperm whale (Physeter macrocephalus )—10 (an average of 2 annually);
(B)
Pygmy or dwarf sperm whales (Kogia sp.)—15 (an average of 3 annually);
(C)
Rough-toothed dolphin (Steno bredanensis )—5 (an average of 1 annually);
(D)
Bottlenose dolphin (Tursiops truncatus )—145 (an average of 29 annually);
(E)
Pantropical spotted dolphin (Stenella attenuata) —350 (an average of 70 annually);
(F)
Striped dolphin (S. coeruleoalba )—340 (an average of 68 annually);
(G)
Clymene dolphin (S. clymene )—165 (an average of 33 annually);
(H)
Atlantic spotted dolphin (S. frontalis )—215 (an average of 43 annually);
(I)
Common dolphin (Delphinus delphis) —10,965 (an average of 2,193 annually);
(J)
Risso's dolphin (Grampus griseus )—80 (an average of 16 annually); and
(K)
Pilot whales (Globicephala sp.)—50 (an average of 10 annually).
(2)
Level A Harassment (injury):
(i)
Atlantic spotted dolphin—5 (an average of 1 annually);
(ii)
Common dolphin—100 (an average of 20 annually);
(iii)
Pantropical spotted dolphin—5 (an average of 1 annually); and
(iv)
Striped dolphin—15 (an average of 3 annually).