(a) Under Letters of Authorization issued pursuant to Sec. Sec. 216.106 and 218.238 of this chapter, the Holder of the Letter of Authorization may incidentally, but not intentionally, take marine mammals by Level A and Level B harassment within the areas described in Sec. 218.230(a), provided that the activity is in compliance with all terms, conditions, and requirements of these regulations and the appropriate Letter of Authorization.
(b) The Holder of the Letter of Authorization must conduct the activities identified in Sec. 218.230 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. 218.230 is limited to the species listed in Sec. 218.230(b) by the method of take indicated in paragraphs (c)(2) through (5) of this section.
(1) The Navy must maintain a running calculation/estimation of takes of each species over the effective period of these regulations.
(2) Level B harassment will not exceed 12 percent of any marine mammal stock listed in Sec. 218.230(b)(1) through (3) annually over the course of the five-year regulations. This annual per-stock cap of 12 percent applies regardless of the number of SURTASS LFA sonar vessels operating.
(3) Level A harassment of no more than six mysticetes (total), of any of the species listed in Sec. 218.230(b)(1) over the course of the five-year regulations.
(4) Level A harassment of no more than 25 odontocetes (total), of any of the species listed in Sec. 218.230(b)(2) over the course of the five-year regulations.
(5) Level A harassment of no more than 25 pinnipeds (total), of any of the species listed in Sec. 218.230(b)(3) over the course of the five-year regulations.