National Marine Fisheries Service/NOAA, Commerce § 218.83

(b) The incidental take of marine (S) Risso’s (Grampus under the activities identi- griseus)—1,306,404. fied in § 218.80(c) is limited to the fol- (T) Rough-toothed dolphin (Steno lowing , by the identified meth- bredanensis)—5,911. od of take: (U) Sowerby’s beaked (1) Harassment (Level A and Level B) (Mesoplodon bidens)—63,156. for all Training and Testing Activities: (V) (Physeter (i) Mysticetes: macrocephalus)—82,282. (A) ( (W) ( musculus)—817. longirostris)—115,310. (B) Bryde’s whale (Balaenoptera (X) (Stenella edeni)—5,079. coerulealba)—1,222,149. (C) (Balaenoptera (Y) True’s (Mesoplodon physalus)—25,239. mirus)—99,123. (D) North Atlantic (Z) White-beaked dolphin (Eubalaena glacialis)—955. ( albirostris)—16,400. (E) (Megaptera (iii) Pinnipeds: novaeangliae)—9,196. (A) Gray seal (Halichoerus grypus)— (F) (Balaenoptera 14,511. acutorostrata)—336,623. (B) Harbor seal (Phoca vitulina)— (G) (Balaenoptera borealis)— 39,519. 54,766. (C) Harp seal (Pagophilus (ii) Odontocetes: groenlanica)—16,319. (A) Atlantic (Stenella (D) Hooded seal (Cystophora frontalis)—994,221. cristata)—1,472. (B) Atlantic white-sided dolphin (E) Ringed seal (Pusa hispida)—1,795. (Lagenorhynchus acutus)—206,144. (F) Bearded seal (Erignathus (C) Blainville’s beaked whale barbatus)—161. (Mesoplodon densirostris)—164,454. (2) Mortality (or lesser Level A in- (D) (Tursiops jury) for all Training and Testing Ac- truncatus)—1,570,031. tivities: (E) (Stenella (i) No more than 140 mortalities ap- clymene)—108,199. plicable to any small odontocete spe- (F) (Delphinus cies from an impulse source. spp.)—2,562,969. (ii) No more than 10 beaked whale (G) Cuvier’s beaked whale (Ziphius mortalities (2 per year). cavirostris)—204,945. (iii) No more than 11 large whale (H) False (Pseudorca mortalities from vessel strike. crassidens)—4,062. (iv) No more than 25 mortalities (no (I) Fraser’s dolphin (Lagenodelphis more than 20 in any given year) appli- hosei)—11,816. cable to any small odontocete species (J) Gervais’ beaked whale from Ship Shock trials. (Mesoplodon europaeus)—164,663. (K) Harbor ( § 218.83 Prohibitions. phocoena)—11,072,415. Notwithstanding takings con- (L) Killer whale (Orcinus orca)— templated in § 218.82 and authorized by 77,448. an LOA issued under §§ 216.106 of this (M) spp.—31,095. chapter and 218.87, no person in connec- (N) Melon-headed whale tion with the activities described in (Peponocephala electra)—111,360. § 218.80 may: (O) Northern bottlenose whale (a) Take any marine not (Hyperoodon ampullatus)—152,201. specified in § 218.82(c); (P) Pantropical spotted dolphin (b) Take any marine mammal speci- (Stenella attenuata)—393,316. fied in § 218.82(c) other than by inci- (Q) (Globicephala spp.)— dental take as specified in § 218.82(c); 581,032. (c) Take a marine mammal specified (R) (Feresa in § 218.82(c) if such taking results in attenuata)—8,041. more than a negligible impact on the

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species or stocks of such marine mam- at the forward position of the vessel mal; or due to space and manning restrictions. (d) Violate, or fail to comply with, (C) Ships conducting active sonar ac- the terms, conditions, and require- tivities while moored or at anchor (in- ments of these regulations or an LOA cluding pierside testing or mainte- issued under §§ 216.106 of this chapter nance) will maintain one Lookout. and 218.87. (D) Surface ships or aircraft con- ducting high-frequency or non-hull- § 218.84 Mitigation. mounted mid-frequency active sonar (a) When conducting training and activities associated with anti-sub- testing activities, as identified in marine warfare and mine warfare ac- tivities at sea will have one Lookout. § 218.80, the mitigation measures con- (E) Surface ships or aircraft con- tained in the LOA issued under ducting high-frequency active sonar ac- §§ 216.106 and 218.87 must be imple- tivities associated with anti-submarine mented. These mitigation measures in- warfare and mine warfare activities at clude, but are not limited to: sea will have one Lookout. (1) The following are pro- Lookouts. (iv) Lookout measures for explosives tective measures concerning the use of and impulsive sound: lookouts. (A) Aircraft conducting activities (i) Lookouts positioned on ships will with IEER sonobuoys and explosive be dedicated solely to diligent observa- sonobuoys with 0.6 to 2.5 lbs net explo- tion of the air and surface of the water. sive weight will have one Lookout. Their observation objectives will in- (B) Surface vessels conducting anti- clude, but are not limited to, detecting swimmer grenade activities will have the presence of biological resources one Lookout. and recreational or fishing boats, ob- (C) During general mine counter- serving mitigation zones, and moni- measure and neutralization activities toring for vessel and personnel safety using up to a 500-lb net explosive concerns. weight detonation (bin E10 and below), (ii) Lookouts positioned in aircraft or vessels greater than 200 ft will have on small boats will, to the maximum two Lookouts, while vessels less than extent practicable and consistent with 200 ft or aircraft will have one Look- aircraft and boat safety and training out. and testing requirements, comply with (D) General mine countermeasure the observation objectives described in and neutralization activities using a § 218.84 (a)(1)(i). 501 to 650-lb net explosive weight deto- (iii) Lookout measures for non-im- nation (bin E11), will have two Look- pulsive sound: outs. One Lookout will be positioned in (A) With the exception of ships less an aircraft and one in a support vessel. than 65 ft (20 m) in length and ships (E) Mine neutralization activities in- that are minimally manned, ships volving diver-placed charges using up using low-frequency or hull-mounted to 100-lb net explosive weight detona- mid-frequency active sonar sources as- tion (E8) conducted with a positive sociated with anti-submarine warfare control device will have a total of two and mine warfare activities at sea will Lookouts. One Lookout will be posi- have two Lookouts at the forward posi- tioned in each of the two support ves- tion of the ship. For the purposes of sels, or one in a support vessel and one this rule, low-frequency active sonar in a helicopter. All divers placing the does not include surveillance towed charges on mines will support the array sensor system low-frequency ac- Lookouts while performing their reg- tive sonar. ular duties. The divers placing the (B) While using low-frequency or charges on mines will report all marine hull-mounted mid-frequency active mammal sightings to their dive sup- sonar sources associated with anti-sub- port vessel or Range Safety Officer. marine warfare and mine warfare ac- (F) When mine neutralization activi- tivities at sea, vessels less than 65 ft (20 ties using diver-placed charges with up m) in length and ships that are mini- to a 20-lb net explosive weight detona- mally manned will have one Lookout tion (bin E6) are conducted with a

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