50 CFR 218.82 - Permissible methods of taking.

Regulations last checked for updates: Feb 09, 2026

Title 50 - Wildlife and Fisheries last revised: Jan 22, 2026

View all text of Subpart I [§ 218.80 - § 218.89]

§ 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.

authority: 16 U.S.C. 1361

source: 74 FR 28343, June 15, 2009, unless otherwise noted.

cite as: 50 CFR 218.82