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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) To incidentally take marine mammals pursuant to these regulations, the MBNMS 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) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, the MBNMS must apply for and obtain a modification of the LOA as described in § 217.18.
(d) The LOA shall set forth:
(1)The number of marine mammals, by species, authorized to be taken;
(2) Permissible methods of incidental taking;
(3) 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
(4) Requirements for monitoring and reporting.
(e) 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.
(f) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination.
Cite this article: FindLaw.com - Code of Federal Regulations Title 50. Wildlife and Fisheries § 50.217.17 Letters of Authorization - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-50-wildlife-and-fisheries/cfr-sect-50-217-17/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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