50 C.F.R. § 217.262

Current through October 31, 2024

Section 217.262 - [Effective until 10/12/2028] Permissible methods of taking

Under the LOA, issued pursuant to §§ 216.106 and 217.266 , LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the vicinity of BOEM Lease Area OCS-A 0498 Commercial Lease of Submerged Lands for Renewable Energy Development, along export cable routes, and at the two sea-to-shore transition points located in New Jersey at Oyster Creek, Island Beach State Park in Barnegat Bay, Farm Property, and BL England in the following ways, provided LOA Holder is in complete compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA:

(a) By Level B harassment associated with the acoustic disturbance of marine mammals by impact pile driving (WTG and OSS foundation installation), vibratory pile driving (cofferdam and goal post installation and removal), UXO/MEC detonations, and HRG site characterization surveys;

(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and OSS foundations and UXO/MEC detonations;

(c) Take by mortality or serious injury of any marine mammal species is not authorized; and

(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species:

Table 1 to Paragraph (d)

Marine mammal species	Scientific name	Stock
North Atlantic right whale	Eubalaena glacialis	Western Atlantic.
Blue whale	Balaenoptera musculus	Western North Atlantic.
Fin whale	Balaenoptera physalus	Western North Atlantic.
Humpback whale	Megaptera novaeangliae	Gulf of Maine.
Minke whale	Balaenoptera acutorostrata	Canadian Eastern Coastal.
Sei whale	Balaenoptera borealis	Nova Scotia.
Sperm whale	Physeter macrocephalus	North Atlantic.
Atlantic spotted dolphin	Stenella frontalis	Western North Atlantic.
Atlantic white-sided dolphin	Lagenorhynchus acutus	Western North Atlantic.
Bottlenose dolphin	Tursiops truncatus	Western North Atlantic-Offshore.
		Northern Migratory Coastal.
Common dolphin	Delphinus delphis	Western North Atlantic.
Long-finned pilot whale	Globicephala melas	Western North Atlantic.
Short-finned pilot whale	Globicephala macrorhynchus	Western North Atlantic.
Risso's dolphin	Grampus griseus	Western North Atlantic.
Harbor porpoise	Phocoena phocoena	Gulf of Maine/Bay of Fundy.
Gray seal	Halichoerus grypus	Western North Atlantic.
Harbor seal	Phoca vitulina	Western North Atlantic.

50 C.F.R. §217.262

88 FR 62977 , 10/13/2023through 10/12/2028