#### § 218.82 Permissible methods of taking.

(a) Under LOAs issued pursuant to [§§ 216.106 of this chapter](/on/2024-09-20/title-50/section-216.106) and 218.86, the Holder of the LOAs (hereinafter “Navy”) may incidentally, but not intentionally, take marine mammals within the area described in [§ 218.80(b)](/on/2024-09-20/title-50/section-218.80#p-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 ship shock trials and vessel strikes, 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)](/on/2024-09-20/title-50/section-218.80#p-218.80(c)) is limited to the following species:

Table 1 to [§ 218.82](/on/2024-09-20/title-50/section-218.82)

| Species | Stock |
| --- | --- |
| **Suborder Mysticeti (baleen whales)** | |
| *Family Balaenidae (right whales):* | |
| North Atlantic right whale | Western. |
| *Family Balaenopteridae (roquals):* | |
| Blue whale | Western North Atlantic (Gulf of St. Lawrence). |
| Bryde's whale | Northern Gulf of Mexico NSD. |
| Minke whale | Canadian East Coast. |
| Fin whale | Western North Atlantic. |
| Humpback whale | Gulf of Maine. |
| Sei whale | Nova Scotia. |
| **Suborder Odontoceti (toothed whales)** | |
| *Family Physeteridae (sperm whale):* | |
| Sperm whale | Gulf of Mexico Oceanic. North Atlantic. |
| *Family Kogiidae (sperm whales):* | |
| Dwarf sperm whale | Gulf of Mexico Oceanic. Western North Atlantic. |
| Pygmy sperm whale | Northern Gulf of Mexico. Western North Atlantic. |
| *Family Ziphiidae (beaked whales):* | |
| Blainville's beaked whale | Northern Gulf of Mexico. Western North Atlantic. |
| Cuvier's beaked whale | Northern Gulf of Mexico. Western North Atlantic. |
| Gervais' beaked whale | Northern Gulf of Mexico. Western North Atlantic. |
| Northern bottlenose whale | Western North Atlantic. |
| Sowersby's beaked whale | Western North Atlantic. |
| True's beaked whale | Western North Atlantic. |
| *Family Delphinidae (dolphins):* | |
| Atlantic spotted dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Atlantic white-sided dolphin | Western North Atlantic. |
| Bottlenose dolphin | Choctawhatchee Bay. Gulf of Mexico Eastern Coastal. Gulf of Mexico Northern Coastal. Gulf of Mexico Western Coastal. Indian River Lagoon Estuarine System. Jacksonville Estuarine System. Mississippi Sound, Lake Borgne, Bay Boudreau. Northern Gulf of Mexico Continental Shelf. Northern Gulf of Mexico Oceanic. Northern North Carolina Estuarine System. Southern North Carolina Estuarine System. Western North Atlantic Northern Florida Coastal. Western North Atlantic Central Florida Coastal. Western North Atlantic Northern Migratory Coastal. Western North Atlantic Offshore. Western North Atlantic South Carolina/Georgia Coastal. Western North Atlantic Southern Migratory Coastal. |
| Clymene dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| False killer whale | Northern Gulf of Mexico. Western North Atlantic. |
| Fraser's dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Killer whale | Northern Gulf of Mexico. Western North Atlantic. |
| Long-finned pilot whale | Western North Atlantic. |
| Melon-headed whale | Northern Gulf of Mexico. Western North Atlantic. |
| Pantropical spotted dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Pygmy killer whale | Northern Gulf of Mexico. Western North Atlantic. |
| Risso's dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Rough-toothed dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Short-beaked common dolphin | Western North Atlantic. |
| Short-finned pilot whale | Northern Gulf of Mexico. Western North Atlantic. |
| Spinner dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| Striped dolphin | Northern Gulf of Mexico. Western North Atlantic. |
| White-beaked dolphin | Western North Atlantic. |
| *Family Phocoenidae (porpoises):* | |
| Harbor porpoise | Gulf of Maine/Bay of Fundy. |
| **Suborder Pinnipedia** | |
| *Family Phocidae (true seals):* | |
| Gray seal | Western North Atlantic. |
| Harbor seal | Western North Atlantic. |
| Harp seal | Western North Atlantic. |
| Hooded seal | Western North Atlantic. |