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16 U.S.C. 1361 et seq.
74 FR 28343, June 15, 2009, unless otherwise noted.
91 FR 47702, July 28, 2026, unless otherwise noted.
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(a) To incidentally take marine mammals pursuant to this subpart, the Navy 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 this subpart.
(c) The LOA will set forth:
(1) Permissible methods of incidental taking;
(2) Geographic areas for incidental taking;
(3) Means of effecting the least practicable adverse impact (i.e., mitigation) on the species and stocks of marine mammals and their habitat; and
(4) Requirements for monitoring and reporting.
(d) Issuance of the LOA must be based on a determination that the level of taking is consistent with the findings made for the total taking allowable under the regulations of this subpart.
(e) Notice of issuance, modification, or denial of the LOA will be published in the Federal Register within 30 days of a determination.
(f) In the event of projected changes to mitigation, monitoring, or reporting measures required by an LOA, the Navy must apply for and obtain a modification of the LOA under § 218.237.