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50 CFR §217.322

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Under a Letter of Authorization (LOA) issued pursuant to § 216.106 of this chapter and § 217.326 or § 217.327, 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 area described in § 217.320(b) 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:
  1. (a)By Level B harassment associated with the acoustic disturbance of marine mammals by impact and vibratory pile driving and drilling (foundation installation), UXO/MEC detonations, and HRG site characterization surveys;
  2. (b)By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and ESP foundations and UXO/MEC detonations;
  3. (c)Take by mortality or serious injury of any marine mammal species is not authorized; and
  4. (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: