Code of Federal Regulations (Last Updated: July 5, 2024) |
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 W - Taking of Marine Mammals Incidental to the Elliott Bay Seawall Project |
§ 217.226 - Letters of Authorization.
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§ 217.226 Letters of Authorization.
(a) To incidentally take marine mammals pursuant to these regulations, the applicant must apply for and obtain an LOA.
(b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.
(c) If an LOA expires prior to the expiration date of these regulations, the Holder must apply for and obtain a renewal of the LOA.
(d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the Holder must apply for and obtain a modification of the LOA as described in § 217.227.
(e) The LOA shall set forth:
(1) Permissible methods of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e., mitigation) on the species and its habitat; and
(3) Requirements for monitoring and reporting.
(f) Issuance of the LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations.
(g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination.