(a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 218.176 of this chapter, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals within the area described in Sec. 218.170(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. 218.170(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. 218.170(c) is limited to the following species, by Level B harassment only and the indicated number of times:
(1) Harbor porpoise (Phocoena phocoena)--56,415 (an average of 11,283 annually);
(2) Northern fur seal (Callorhinus ursinus)--220 (an average of 44 annually);
(3) California sea lion (Zalophus californianus)--570 (an average of 114 annually);
(4) Northern elephant seal (Mirounga angustirostris)--70 (an average of 14 annually);
(5) Harbor seal (Phoca vitulina richardsi) (Washington Inland Waters stock)--27,340 (an average of 5,468 annually); and
(6) Harbor seal (P. v. richardsi) (Oregon/Washington Coastal stock)--505 (an average of 101 annually).