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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 50 - Wildlife and Fisheries |
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Chapter II—National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter C—Marine Mammals |
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Part 217 - Regulations Governing the Take of Marine Mammals Incidental to Specified Activities |
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Subpart CC - Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York |
§ 217.286 - Letter of Authorization.
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§ 217.286 Letter of Authorization.
(a) To incidentally take marine mammals pursuant to this subpart, LOA Holder 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 February 21, 2029, the expiration date of this subpart;
(c) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, LOA Holder must apply for and obtain a modification of the LOA as described in § 217.287;
(d) The LOA must set forth:
(1) Permissible methods of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and
(3) Requirements for monitoring and reporting;
(e) Issuance of the LOA must be based on a determination that the level of taking must be consistent with the findings made for the total taking allowable under the regulations of this subpart; and
(f) Notice of issuance or denial of an LOA must be published in the Federal Register within 30 days of a determination.