50 CFR § 217.262 - Permissible methods of taking.

---
identifier: "/us/cfr/t50/s217.262"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 217.262 - Permissible methods of taking."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "217.262"
section_name: "Permissible methods of taking."
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "217"
part_name: "REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361  unless otherwise noted."
regulatory_source: "74 FR 35143, July 20, 2009, unless otherwise noted."
cfr_part: "217"
---


# 217.262 Permissible methods of taking.

Under the LOA, issued pursuant to §§ 216.106 and 217.266, LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the vicinity of BOEM Lease Area OCS-A 0498 Commercial Lease of Submerged Lands for Renewable Energy Development, along export cable routes, and at the two sea-to-shore transition points located in New Jersey at Oyster Creek, Island Beach State Park in Barnegat Bay, Farm Property, and BL England in the following ways, provided LOA Holder is in complete compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA:

(a) By Level B harassment associated with the acoustic disturbance of marine mammals by impact pile driving (WTG and OSS foundation installation), vibratory pile driving (cofferdam and goal post installation and removal), UXO/MEC detonations, and HRG site characterization surveys;

(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and OSS foundations and UXO/MEC detonations;

(c) Take by mortality or serious injury of any marine mammal species is not authorized; and

(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species:

Table 1 to Paragraph (**d**)

| Marine mammal species | Scientific name | Stock |
| --- | --- | --- |
| North Atlantic right whale |  | Western Atlantic. |
| Blue whale |  | Western North Atlantic. |
| Fin whale |  | Western North Atlantic. |
| Humpback whale |  | Gulf of Maine. |
| Minke whale |  | Canadian Eastern Coastal. |
| Sei whale |  | Nova Scotia. |
| Sperm whale |  | North Atlantic. |
| Atlantic spotted dolphin |  | Western North Atlantic. |
| Atlantic white-sided dolphin |  | Western North Atlantic. |
| Bottlenose dolphin |  | Western North Atlantic—Offshore. |
|  |  | Northern Migratory Coastal. |
| Common dolphin |  | Western North Atlantic. |
| Long-finned pilot whale |  | Western North Atlantic. |
| Short-finned pilot whale |  | Western North Atlantic. |
| Risso's dolphin |  | Western North Atlantic. |
| Harbor porpoise |  | Gulf of Maine/Bay of Fundy. |
| Gray seal |  | Western North Atlantic. |
| Harbor seal |  | Western North Atlantic. |