(a) Under LOAs issued pursuant to §216.106 of this chapter and §217.136, the Holder of the LOA (hereinafter “Apache”) may incidentally, but not intentionally, take marine mammals within the area described in §217.130(b), provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.

(b) The incidental take of marine mammals under the activities identified in §217.130(a) is limited to the indicated number of takes of individuals of the following species and is limited to Level B harassment:

(1) Cetaceans:

(i) Beluga whale (Delphinapterus leucas)—150 over the five-year period, with no more than 30 in any year;

(ii) Harbor porpoise (Phocoena phocoena)—1,455 over the five-year period, with an average of 283 annually;

(iii) Killer whale (Orcinus orca)—350 over the five-year period, with an average of 70 annually;

(iv) Gray whale (Eschrichtius robustus)—40 over the five-year period, with an average of 8 annually;

(v) Humpback whale (Megaptera noveangliae)—10 over the five-year period, with an average of 2 annually;

(vi) Minke whale (Balaenoptera acutorostra)—5 over the five-year period, with an average of 1 annually;

(vii) Dall's porpoise (Phocoenoides dalli)—85 over the five-year period, with an average of 17 annually;

(2) Pinnipeds:

(i) Harbor seal (Phoca vitulina)—28, 625 over the five-year period, with no more than 5,725 in any year; and

(ii) Steller sea lion (Eumetopias jubatus)—20.