(a) Under a Letter of Authorization (LOA) issued pursuant to §218.97, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals within the area described in §218.90, provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate LOA.

(b) The activities identified in §218.90(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 §218.90(c) is limited to the following species, by the identified method of take:

(1) Level B Harassment for all Training and Testing Activities:

(i) Mysticetes:

(A) Blue whale (Balaenoptera musculus)—140 (an average of 28 annually)

(B) Bryde's whale (Balaenoptera edeni)—1,990 (an average of 398 annually)

(C) Fin whale (Balaenoptera physalus)—140 (an average of 28 annually)

(D) Humpback whale (Megaptera novaeangliae)—4,300 (an average of 860 annually)

(E) Minke whale (Balaenoptera acutorostrata)—505 (an average of 101 annually)

(F) Sei whale (Balaenoptera borealis)—1,595 (an average of 319 annually)

(G) Omura's whale (Balaenoptera omurai)—515 (an average of 103 annually)

(ii) Odontocetes:

(A) Blainville's beaked whale (Mesoplodon densirostris)—22,130 (an average of 4,426 annually)

(B) Bottlenose dolphin (Tursiops truncatus)—3,705 (an average of 741 annually)

(C) Cuvier's beaked whale (Ziphius cavirostris)—112,705 (an average of 22,541 annually)

(D) Dwarf sperm whale (Kogia sima)—71,085 (an average of 14,217 annually)

(E) False killer whale (Pseudorca crassidens)—2,775 (an average of 555 annually)

(F) Fraser's dolphin (Lagenodelphis hosei)—12,860 (an average of 2,572 annually)

(G) Gingko-toothed beaked whale (Mesoplodon ginkgodens)—19,485 (an average of 3,897 annually)

(H) Killer whale (Orcinus orca)—420 (an average of 84 annually)

(I) Longman's beaked whale (Indopacetus pacificus)—9,620 (an average of 1,924 annually)

(J) Melon-headed whale (Peponocephala electra)—10,425 (an average of 2,085 annually)

(K) Pantropical spotted dolphin (Stenella attenuata)—64,055 (an average of 12,811 annually)

(L) Pygmy killer whale (Feresa attenuata)—525 (an average of 105 annually)

(M) Pygmy sperm whale (Kogia breviceps)—27,895 (an average of 5,579 annually)

(N) Risso's dolphin (Grampus griseus)—2,525 (an average of 505 annually)

(O) Rough-toothed dolphin (Steno bredanensis)—9,095 (an average of 1,819 annually)

(P) Short-finned pilot whale (Globicephala macrorhynchus)—9,075 (an average of 1,815 annually)

(Q) Sperm whale (Physeter macrocephalus)—2,530 (an average of 506 annually)

(R) Spinner dolphin (Stenella longirostris)—2,945 (an average of 589 annually)

(S) Striped dolphin (Stenella coerulealba)—16,490 (an average of 3,298 annually)

(2) Level A Harassment for all Training and Testing Activities:

(i) Odontocetes:

(A) Dwarf sperm whale (Kogia sima)—205 (an average of 41 annually)

(B) Pygmy sperm whale (Kogia breviceps)—75 (an average of 15 annually)

(ii) [Reserved]