§ 217.316 Letter of Authorization.

(a) To incidentally take marine mammals pursuant to these regulations, Sunrise Wind 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 effective period of this subpart; (c) If an LOA expires prior to the expiration date of these regulations, Sunrise Wind may apply for and obtain a renewal of the LOA; and (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, Sunrise Wind must apply for and obtain a modification of the LOA as described in § 217.317. (e) The LOA must set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact (i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA must be based on a determination that the level of taking must be consistent with the findings made for the total taking allowable under this subpart. (g) Notice of issuance or denial of an LOA must be published in the Federal Register within 30 days of a determination.