---
kind: "section"
citation: "50 C.F.R. § 216.106"
title: "50"
number: "216.106"
heading: "Letter of Authorization."
url: "https://uscodex.org/cfr/50/216.106"
---

# §216.106. Letter of Authorization.

- (a) A Letter of Authorization, which may be issued only to U.S. citizens, is required to conduct activities pursuant to any regulations established under [§ 216.105](/cfr/50/216.105.md). Requests for Letters of Authorization shall be submitted to the Director, Office of Protected Resources. The information to be submitted in a request for an authorization will be specified in the appropriate subpart to this part or may be obtained by writing to the above named person.
- (b) Issuance of a Letter of Authorization will be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations.
- (c) Letters of Authorization will specify the period of validity and any additional terms and conditions appropriate for the specific request.
- (d) Notice of issuance of all Letters of Authorization will be published in the Federal Register within 30 days of issuance.
- (e) Letters of Authorization shall be withdrawn or suspended, either on an individual or class basis, as appropriate, if, after notice and opportunity for public comment, the Assistant Administrator determines that:
  - (1) The regulations prescribed are not being substantially complied with; or
  - (2) The taking allowed is having, or may have, more than a negligible impact on the species or stock or, where relevant, an unmitigable adverse impact on the availability of the species or stock for subsistence uses.
- (f) The requirement for notice and opportunity for public review in [§ 216.106(e)](#e) shall not apply if the Assistant Administrator determines that an emergency exists that poses a significant risk to the wellbeing of the species or stocks of marine mammals concerned.
- (g) A violation of any of the terms and conditions of a Letter of Authorization or of the specific regulations shall subject the Holder and/or any individual who is operating under the authority of the Holder's Letter of Authorization to penalties provided in the MMPA.

## Notes

### Source

Source: 61 FR 15887, Apr. 10, 1996, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

### Source

Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.