50 CFR § 217.322 - Permissible methods of taking.

---
identifier: "/us/cfr/t50/s217.322"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 217.322 - Permissible methods of taking."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "217.322"
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"
---


# 217.322 Permissible methods of taking.

Under a Letter of Authorization (LOA) issued pursuant to § 216.106 of this chapter and § 217.326 or § 217.327, 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 area described in § 217.320(b) 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 and vibratory pile driving and drilling (foundation installation), 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 ESP 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 |
| --- | --- | --- |
| Atlantic spotted dolphin |  | Western North Atlantic. |
| Atlantic white-sided dolphin |  | Western North Atlantic. |
| Blainsville's beaked whale |  | Western North Atlantic. |
| Blue whale |  | Western North Atlantic. |
| Bottlenose dolphin |  | Western North Atlantic, offshore. |
| Clymene dolphin |  | Western North Atlantic. |
| Cuvier's beaked whale |  | Western North Atlantic. |
| Dwarf sperm whale |  | Western North Atlantic. |
| False killer whale |  | Western North Atlantic. |
| Fin whale |  | Western North Atlantic. |
| Fraser's dolphin |  | Western North Atlantic. |
| Gervais' beaked whale |  | Western North Atlantic. |
| Gray seal |  | Western North Atlantic. |
| Harbor porpoise |  | Gulf of Maine/Bay of Fundy. |
| Harbor seal |  | Western North Atlantic. |
| Harp seal |  | Western North Atlantic. |
| Hooded seal |  | Western North Atlantic. |
| Humpback whale |  | Gulf of Maine |
| Killer whale |  | Western North Atlantic. |
| Long-finned pilot whale |  | Western North Atlantic. |
| Melon-headed whale |  | Western North Atlantic. |
| Minke whale |  | Canadian Eastern Coastal. |
| North Atlantic right whale |  | Western North Atlantic. |
| Northern bottlenose whale |  | Western North Atlantic. |
| Pantropical spotted dolphin |  | Western North Atlantic. |
| Pygmy killer whale |  | Western North Atlantic. |
| Pygmy sperm whale |  | Western North Atlantic. |
| Risso's dolphin |  | Western North Atlantic. |
| Rough-toothed dolphin |  | Western North Atlantic. |
| Sei whale |  | Nova Scotia. |
| Short-beaked common dolphin |  | Western North Atlantic. |
| Short-finned pilot whale |  | Western North Atlantic. |
| Sowerby's beaked whale |  | Western North Atlantic. |
| Sperm whale |  | Western North Atlantic. |
| Spinner dolphin |  | Western North Atlantic. |
| Striped dolphin |  | Western North Atlantic. |
| True's beaked whale |  | Western North Atlantic. |
| White-beaked dolphin |  | Western North Atlantic. |