(a) Under Letters of Authorization (LOAs) issued pursuant to Sec. 218.17, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals by sound in the water from pile driving activities within the area described in Sec. 218.10, provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate LOA.
(b) The activities identified in Sec. 218.10(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 Sec. 218.10(c) is limited to Level B behavioral harassment:
(1) Bottlenose dolphin (Tursiops truncatus)/Northern North Carolina Estuarine System: 250 (50 per year);
(2) Bottlenose dolphin (Tursiops truncatus)/Southern North Carolina Estuarine System: 300 (60 per year); and
(3) Atlantic spotted dolphin (Stenella frontalis)/Western North Atlantic: 250 (50 per year).