50 CFR § 218.82 - Permissible methods of taking.

---
identifier: "/us/cfr/t50/s218.82"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 218.82 - Permissible methods of taking."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "218.82"
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: "218"
part_name: "REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361"
regulatory_source: "74 FR 28343, June 15, 2009, unless otherwise noted."
cfr_part: "218"
---


# 218.82 Permissible methods of taking.

(a) Under LOAs issued pursuant to § 216.106 of this chapter and this subpart, the Action Proponents may incidentally, but not intentionally, take marine mammals within the area described in § 218.80(b) by Level A harassment and Level B harassment associated with the use of active sonar and other acoustic sources and explosives, as well as serious injury or mortality associated with vessel strikes and explosives, provided the activity is in compliance with all terms, conditions, and requirements of this subpart and the applicable LOAs.

(b) The incidental take of marine mammals by the activities listed in § 218.80(c) is limited to the following species:

Table 1 to Paragraph **(b)**

| Species | Stock |
| --- | --- |
| North Atlantic right whale | Western. |
| Blue whale | Western North Atlantic. |
| Bryde's whale | Primary. |
| Fin whale | Western North Atlantic. |
| Humpback whale | Gulf of Maine. |
| Minke whale | Canadian Eastern Coast. |
| Rice's whale | Northern Gulf of America. |
| Sei whale | Nova Scotia. |
| Sperm whale | North Atlantic. |
| Sperm whale | Northern Gulf of America. |
| Dwarf sperm whale | Northern Gulf of America. |
| Pygmy sperm whale | Northern Gulf of America. |
| Dwarf sperm whale | Western North Atlantic. |
| Pygmy sperm whale | Western North Atlantic. |
| Blainville's beaked whale | Northern Gulf of America. |
| Goose-beaked whale | Northern Gulf of America. |
| Gervais' beaked whale | Northern Gulf of America. |
| Blainville's beaked whale | Western North Atlantic. |
| Goose-beaked whale | Western North Atlantic. |
| Gervais' beaked whale | Western North Atlantic. |
| Northern bottlenose whale | Western North Atlantic. |
| Sowerby's beaked whale | Western North Atlantic. |
| True's beaked whale | Western North Atlantic. |
| Atlantic spotted dolphin | Northern Gulf of America. |
| Bottlenose dolphin | Gulf of America Eastern Coastal. |
| Bottlenose dolphin | Gulf of America Northern Coastal. |
| Bottlenose dolphin | Gulf of America, Oceanic. |
| Bottlenose dolphin | Gulf of America Western Coastal. |
| Bottlenose dolphin | Mississippi Sound, Lake Borgne, and Bay Boudreau. |
| Bottlenose dolphin | Northern Gulf of America Continental Shelf. |
| Bottlenose dolphin | Nueces and Corpus Christi Bays. |
| Bottlenose dolphin | Sabine Lake. |
| Bottlenose dolphin | St. Andrew Bay. |
| Bottlenose dolphin | St. Joseph Bay. |
| Bottlenose dolphin | Tampa Bay. |
| Clymene dolphin | Northern Gulf of America. |
| False killer whale | Northern Gulf of America. |
| Fraser's dolphin | Northern Gulf of America. |
| Killer whale | Northern Gulf of America. |
| Melon-headed whale | Northern Gulf of America. |
| Pygmy killer whale | Northern Gulf of America. |
| Risso's dolphin | Northern Gulf of America. |
| Rough-toothed dolphin | Northern Gulf of America. |
| Short-finned pilot whale | Northern Gulf of America. |
| Striped dolphin | Northern Gulf of America. |
| Pantropical spotted dolphin | Northern Gulf of America. |
| Spinner dolphin | Northern Gulf of America. |
| Atlantic white-sided dolphin | Western North Atlantic. |
| Common dolphin | Western North Atlantic. |
| Atlantic spotted dolphin | Western North Atlantic. |
| Bottlenose dolphin | Indian River Lagoon Estuarine System. |
| Bottlenose dolphin | Jacksonville Estuarine System. |
| Bottlenose dolphin | Northern Georgia/Southern South Carolina Estuarine System. |
| Bottlenose dolphin | Northern North Carolina Estuarine System. |
| Bottlenose dolphin | Southern Georgia Estuarine System. |
| Bottlenose dolphin | Southern North Carolina Estuarine System. |
| Tamanend's bottlenose dolphin | Western North Atlantic Central Florida Coastal. |
| Tamanend's bottlenose dolphin | Western North Atlantic Northern Florida Coastal. |
| Bottlenose dolphin | Western North Atlantic Northern Migratory Coastal. |
| Bottlenose dolphin | Western North Atlantic Offshore. |
| Tamanend's bottlenose dolphin | Western North Atlantic South Carolina/Georgia Coastal. |
| Bottlenose dolphin | Western North Atlantic Southern Migratory Coastal. |
| Clymene dolphin | Western North Atlantic. |
| False killer whale | Western North Atlantic. |
| Fraser's dolphin | Western North Atlantic. |
| Killer whale | Western North Atlantic. |
| Long-finned pilot whale | Western North Atlantic. |
| Melon-headed whale | Western North Atlantic. |
| Pantropical spotted dolphin | Western North Atlantic. |
| Pygmy killer whale | Western North Atlantic. |
| Risso's dolphin | Western North Atlantic. |
| Rough-toothed dolphin | Western North Atlantic. |
| Short-finned pilot whale | Western North Atlantic. |
| Spinner dolphin | Western North Atlantic. |
| Striped dolphin | Western North Atlantic. |
| White-beaked dolphin | Western North Atlantic. |
| Harbor porpoise | Gulf of Maine/Bay of Fundy. |
| Gray seal | Western North Atlantic. |
| Harbor seal | Western North Atlantic. |
| Harp seal | Western North Atlantic. |
| Hooded seal | Western North Atlantic. |