{"data":{"id":"us/50-cfr-217.302","jurisdiction":"us","citation":"50 CFR 217.302","heading":"Permissible methods of taking.","body":"Under the LOA, issued pursuant to §§ 216.106 and 217.306, LOA Holder and those persons it authorizes or funds to conduct activities on its behalf may incidentally, but not intentionally, take marine mammals within BOEM Lease Areas, along export cable routes, and the two sea-to-shore transition points located in New Jersey at Atlantic City and Monmouth 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:\n(a) By Level B harassment associated with the acoustic disturbance resulting from impact pile driving of WTG, OSS, and Met Tower foundations, vibratory pile driving of temporary cofferdams, and HRG site characterization surveys; and\n(b) By Level A harassment associated with the acoustic injury of marine mammals by impact pile driving WTG, OSS, and Met Tower foundations.\n(c) Take by mortality (death) or serious injury of any marine mammal species is not authorized.\n(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following stocks:\nTable 1 to Paragraph (d)\nMarine mammal species Scientific name Stock\nNorth Atlantic right whale Eubalaena glacialis Western North Atlantic.\nFin whale Balaenoptera physalus Western North Atlantic.\nHumpback whale Megaptera novaeangliae Gulf of Maine.\nMinke whale Balaenoptera acutorostrata Canadian Eastern Coastal.\nSei whale Balaenoptera borealis Nova Scotia.\nSperm whale Physeter macrocephalus North Atlantic.\nAtlantic spotted dolphin Stenella frontalis Western North Atlantic.\nAtlantic white-sided dolphin Lagenorhynchus acutus Western North Atlantic.\nBottlenose dolphin Tursiops truncatus Western North Atlantic—Offshore.\nNorthern Migratory Coastal.\nCommon dolphin Delphinus delphis Western North Atlantic.\nLong-finned pilot whale Globicephala melas Western North Atlantic.\nShort-finned pilot whale Globicephala macrorhynchus Western North Atlantic.\nRisso's dolphin Grampus griseus Western North Atlantic.\nHarbor porpoise Phocoena phocoena Gulf of Maine/Bay of Fundy.\nGray seal Halichoerus grypus Western North Atlantic.\nHarbor seal Phoca vitulina Western North Atlantic.","path":["Title 50—Wildlife and Fisheries","CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE","SUBCHAPTER C—MARINE MAMMALS","PART 217—REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES","Subpart EE—Taking Marine Mammals Incidental to the Atlantic Shores South Project Offshore of New Jersey"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-50.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:39Z","sha256":"bcc94a3ed621502e6b770b1abda0f286145177eae9563f729a3d4c5d9067ab1b","source_id":"us-cfr","stale":true,"prev":"us/50-cfr-217.301","next":"us/50-cfr-217.303"},"notice":"GroundRules: Original legal text. Not legal advice."}