---
kind: "section"
citation: "50 C.F.R. § 218.86"
title: "50"
number: "218.86"
heading: "Letters of Authorization."
url: "https://uscodex.org/cfr/50/218.86"
---

# §218.86. Letters of Authorization.

- (a) To incidentally take marine mammals pursuant to this subpart, the Action Proponents must apply for and obtain LOAs.
- (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) In the event of projected changes to the activity or to mitigation, monitoring, or reporting measures (excluding changes made pursuant to the adaptive management provision of [§ 218.87(c)(1)](/cfr/50/218.87.md?p=c-1)) required by an LOA, the Action Proponent must apply for and obtain a modification of the LOA as described in [§ 218.87](/cfr/50/218.87.md).
- (d) 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.**
- (e) 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 of this subpart.
- (f) 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: 90 FR 50705, Nov. 7, 2025, unless otherwise noted.

### Authority

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

### Source

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