---
kind: "section"
citation: "50 C.F.R. § 218.67"
title: "50"
number: "218.67"
heading: "Renewals and modifications of Letters of Authorization."
url: "https://uscodex.org/cfr/50/218.67"
---

# §218.67. Renewals and modifications of Letters of Authorization.

- (a) An LOA issued under [§ 216.106](/cfr/50/216.106.md) of this subchapter and [§ 218.66](/cfr/50/218.66.md) for the activity identified in [§ 218.60(c)](/cfr/50/218.60.md?p=c) may be modified upon request by the applicant, consistent with [paragraph (b)](#b) of this section, provided that any requested changes to the activity or to the mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision in [paragraph (b)(1)](#b-1) of this section) do not change the underlying findings made for the regulations in this subpart and do not result in more than a minor change in the total estimated number of takes (or distribution by species or years).
- (b) An LOA issued under [§ 216.106](/cfr/50/216.106.md) of this subchapter and [§ 218.66](/cfr/50/218.66.md) may be modified by NMFS under the following circumstances:
  - (1) **Adaptive management.** After consulting with the USAF regarding the practicability of the modifications, NMFS may modify (including adding or removing measures) the existing mitigation, monitoring, or reporting measures if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring.
    - (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include:
      - (A) Results from USAF's annual monitoring report and annual exercise report from the previous year(s);
      - (B) Results from other marine mammal and/or sound research or studies;
      - (C) Results from specific stranding investigations; or
      - (D) Any information that reveals marine mammals may have been taken in a manner, extent, or number not authorized by the regulations in this subpart or subsequent LOAs.
    - (ii) If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS will publish a notice of a new proposed LOA in the Federal Register and solicit public comment.
  - (2) **Emergencies.** If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species of marine mammals specified in LOAs issued pursuant to [§ 216.106](/cfr/50/216.106.md) of this subchapter and [§ 218.66](/cfr/50/218.66.md), an LOA may be modified without prior public notice or opportunity for public comment. Notice will be published in the Federal Register within thirty days of the action.

## Notes

### Source

Source: 88 FR 24100, Apr. 18, 2023, unless otherwise noted.

### Authority

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

### Source

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