---
kind: "section"
citation: "50 C.F.R. § 218.146"
title: "50"
number: "218.146"
heading: "Letters of Authorization."
url: "https://uscodex.org/cfr/50/218.146"
---

# §218.146. Letters of Authorization.

- (a) To incidentally take marine mammals pursuant to the regulations in this subpart, the Navy must apply for and obtain LOAs in accordance with [§ 216.106](/cfr/50/216.106.md) of this chapter.
- (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) If an LOA expires prior to the expiration date of this subpart, the Navy may apply for and obtain a renewal of the LOA.
- (d) In the event of projected changes to the activity or to mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision of [§ 218.147(c)(1)](/cfr/50/218.147.md?p=c-1)) required by an LOA issued under this subpart, the Navy must apply for and obtain a modification of the LOA as described in [§ 218.147](/cfr/50/218.147.md).
- (e) Each 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.**
- (f) Issuance of the LOA(s) 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 in this subpart.
- (g) Notice of issuance or denial of the LOA(s) will be published in the Federal Register within 30 days of a determination.

## Notes

### Source

Source: 85 FR 72459, Nov. 12, 2020, unless otherwise noted.

### Authority

Authority: 16 U.S.C. 1361 et seq.

### Source

Source: 74 FR 28343, June 15, 2009, unless otherwise noted.