(a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 218.127 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. 218.120(b), provided the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate Letter of Authorization.
(b) The activities identified in Sec. 218.120(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. 218.120(c) is limited to the species listed below 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 activities:
(1) In any given year, annual take, by harassment, of any species of marine mammal may not exceed the amount identified in paragraphs (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) of this section, 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) of this section 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)--6,975 (an average of 1,395 annually);
(B) Fin whale (Balaenoptera physalus)--55185 (an average of 11,037 annually);
(C) Blue whale (Balaenoptera musculus)--10 (an average of 2 annually);
(D) Sei whale (Balaenoptera borealis)--40 (an average of 8 annually);
(E) Minke whale (Balaenoptera acutorostrata)--3,405 (an average of 681 annually);
(F) Gray whale (Eschrichtius robustus)--1,940 (an average of 388 annually); and
(G) North Pacific right whale (Eubalaena japonica)--10 (an average of 2 annually).
(ii) Odontocetes:
(A) Sperm whales (Physeter macrocephalus)--1,645 (an average of 329 annually);
(B) Killer whale (Orcinus orca)--53,245 (an average of 10,649 annually);
(C) Harbor porpoise (Phocoena phocoena)--27,200 (an average of 5,440 annually);
(D) Baird's beaked whales (Berardius bairdii)--2,435 (an average of 487 annually);
(E) Cuvier's beaked whales (Ziphius cavirostris)--11,560 (an average of 2,312 annually);
(F) Stejneger's beaked whales (Mesoplodon stejnegeri)--11,565 (an average of 2,313 annually);
(G) Pacific white-sided dolphin (Lagenorhynchus obliquidens)--84,955 (an average of 16,991 annually); and
(H) Dall's porpoise (Phocoenoides dalli)--1,031,870 (an average of 206,374 annually).
(iii) Pinnipeds:
(A) Steller sea lion (Eumetopias jubatus)--55,540 (an average of 11,108 annually)
(B) California sea lion (Zalophus californianus)--10 (an average of 2 annually);
(C) Harbor seal (Phoca vitulina richardsi)--10 (an average of 2 annually);
(D) Northern elephant seal (Mirounga angustirostris)--10,345 (an average of 2,069 annually); and
(E) Northern fur seal (Callorhinus ursinus)--771,010 (an average of 154,202 annually).
(5) Level A Harassment and/or mortality of no more than 15 beaked whales (total), of any of the species listed in Sec. 218.122(c)(1)(ii)(D) through (F) over the course of the 5-year regulations.