(a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 218.117 of this chapter, the Holder of the Letter of Authorization (hereinafter ``Navy'') may incidentally, but not intentionally, take marine mammals within the area described in Sec. 218.110(b), provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate Letter of Authorization.
(b) [Reserved]
(c) The incidental take of marine mammals under the activities identified in Sec. 218.110(c) is limited to the species listed in paragraphs (c)(4) and (5) of this section by the indicated method of take and the indicated number of times (estimated based on the authorized amounts of sound source operation), but with the following allowances for annual variation in sonar activities:
(1) In any given year, annual take, by harassment, of any species of marine mammal may not exceed the amount indentified in paragraph (c)(4) and (5) of this section, for that species by more than 25 percent (a post-calculation/estimation of which must be provided in the annual LOA application);
(2) In any given year, annual take by harassment of all marine mammal species combined may not exceed the estimated total of all species combined, indicated in paragraphs (c)(4) and (5), by more than 10 percent; and
(3) Over the course of the effective period of this subpart, total take, by harassment, of any species may not exceed the 5-year amounts indicated in paragraphs (c)(4) and (5) by more than 10 percent. A running calculation/estimation of takes of each species over the course of the years covered by the rule must be maintained.
(4) Level B Harassment:
(i) Mysticetes:
(A) Humpback whale (Megaptera novaeangliae)--75 (an average of 15 annually);
(B) Fin whale (Balaenoptera physalus)--720 (an average of 144 annually);
(C) Blue whale (Balaenoptera musculus)--95 (an average of 19 annually);
(D) Sei whale (Balaenoptera borealis)--5 (an average of 1 annually);
(E) Minke whale (Balaenoptera acutorostrata)--45 (an average of 9 annually); and
(F) Gray whale (Eschrichtius robustus)--20 (an average of 4 annually).
(ii) Odontocetes:
(A) Sperm whales (Physeter macrocephalus)--635 (an average of 127 annually);
(B) Killer whale (Orcinus orca)--70 (an average of 14 annually);
(C) Pygmy or dwarf sperm whales (Kogia breviceps or Kogia sima)--20 (an average of 4 annually);
(D) Mesoplodont beaked whales--75 (an average of 15 annually);
(E) Cuvier's beaked whales (Ziphius cavirostris)--70 (an average of 14 annually);
(F) Baird's beaked whales (Berardius bairdii)--65 (an average of 13 annually);
(G) Short-finned pilot whale (Globicephala macrorynchus)--10 (an average of 2 annually);
(H) Striped dolphin (Stenella coeruleoalba)--200 (an average of 40 annually);
(I) Short-beaked common dolphin (Globicephala macrorhynchus)--6280 (an average of 1256 annually);
(J) Risso's dolphin (Grampus griseus)--500 (an average of 100 annually);
(K) Northern right whale dolphin (Lissodelphis borealis)--3705 (an average of 741 annually);
(L) Pacific white-sided dolphin (Lagenorhynchus obliquidens)--2855 (an average of 571 annually);
(M) Dall's porpoise (Phocoenoides dalli)--23760 (an average of 4752 annually); and
(N) Harbor Porpoise (Phocoena phocoena)--596370 (an average of 119274 annually).
(ii) Pinnipeds:
(A) Northern elephant seal (Mirounga angustirostris)--1890 (an average of 378 annually);
(B) Pacific harbor seal (Phoca vitulina)--2930 (an average of 586 annually);
(C) California sea lion (Zalophus californianus)--1430 (an average of 286 annually);
(D) Northern fur seal (Callorhinus ursinus)--6825 (an average of 1365 annually); and
(E) Steller sea lion (Eumetopias jubatus)--600 (an average of 120 annually).
(5) Level A Harassment:
(i) Fin whale--5 (an average of 1 annually);
(ii) Sperm whale--5 (an average of 1 annually);
(iii) Dall's Porpoise--15 (an average of 3 annually);
(iv) Harbor Porpoise--5 (an average of 1 annually);
(v) Northern right whale dolphin--5 (an average of 1 annually);
(vi) Short-beaked common dolphin--10 (an average of 2 annually);
(vii) Northern elephant seal--10 (an average of 2 annually);
(viii) Pacific harbor seal--5 (an average of 1 annually); and
(ix) Northern fur seal--5 (an average of 1 annually).
Editorial Note: At 75 FR 69319, Nov. 10, 2010, subpart M was added; at that time, Sec. 218.112 was added with two paragraphs (a)(4)(ii).