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:

(1) Level B Harassment:

(i) Mysticetes:

(A) Humpback whale (Megaptera novaeangliae )—10 (an average of 2 annually); and

(B) Fin whale (Balaenoptera physalus )—10 (an average of 2 annually).

(ii) Odontocetes:

(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);

(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);