(a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 217.148 of this chapter, the Holder of the Letter of Authorization (hereinafter ``BP'') may incidentally, but not intentionally, take marine mammals within the area described in Sec. 217.140(b), provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate Letter of Authorization.
(b) The activities identified in Sec. 217.140(a) 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 Sec. 217.140(a) is limited to the following species and by the indicated method and amount of take:
(1) Level B Harassment:
(i) Cetaceans:
(A) Bowhead whale (Balaena mysticetus)--75 (an average of 15 annually)
(B) Gray whale (Eschrichtius robustus)--10 (an average of 2 annually)
(C) Beluga whale (Delphinapterus leucas)--100 (an average of 20 annually)
(ii) Pinnipeds:
(A) Ringed seal (Phoca hispida)--155 (an average of 31 annually)
(B) Bearded seal (Erignathus barbatus)--25 (an average of 5 annually)
(C) Spotted seal (Phoca largha)--25 (an average of 5 annually)
(2) Level A Harassment and Mortality: Ringed seal--25 (an average of 5 annually)