(a) Under LOAs issued pursuant to Sec. Sec. 216.106 and 217.17 of this chapter, the Holder of the LOA (hereinafter ``MBNMS'') may incidentally, but not intentionally, take marine mammals within the area described in Sec. 217.11(b) of this chapter, 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 Sec. 217.11(a) of this chapter is limited to the following species and is limited to Level B Harassment:
(1) Harbor seal (Phoca vitulina)--1,150 (an average of 230 annually)
(2) California sea lion (Zalophus californianus)--21,095 (an average of 4,219 annually)