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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules d In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, NEFSC must apply for and obtain a modification of the LOA as described in 219.38.
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 will be consistent with the findings made for the total taking allowable under these regulations.
g Notice of issuance or denial of an LOA must be published in the Federal Register within thirty days of a determination.
219.38 Renewals and modifications of Letters of Authorization.

a An LOA issued under 216.106 of this chapter and 219.37 for the activity identified in 219.31a must be renewed or modified upon request by the applicant, provided that:
1 The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these
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regulations excluding changes made pursuant to the adaptive management provision in paragraph c1 of this section; and 2 OPR determines that the mitigation, monitoring, and reporting measures required by the previous LOA
under these regulations were implemented.
b For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting excluding changes made pursuant to the adaptive management provision in in paragraph c1 of this section that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes or distribution by species or years, OPR may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.
c An LOA issued under 216.106
of this chapter and 219.37 for the activity identified in 219.31a may be modified by OPR under the following circumstances:
1 OPR may modify including augment the existing mitigation, monitoring, or reporting measures after consulting with NEFSC regarding the practicability of the modifications if doing so creates a reasonable likelihood of more effectively accomplishing the
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goals of the mitigation and monitoring set forth in the preamble for these regulations.
i Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA:
A Results from NEFSCs monitoring from the previous years;
B Results from other marine mammal and/or sound research or studies; and C Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs.
ii If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, OPR will publish a notice of proposed LOA in the Federal Register and solicit public comment.
2 If OPR determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in 219.32b, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within thirty days of the action.
219.39219.40

Reserved
FR Doc. 202111188 Filed 6321; 8:45 am BILLING CODE 351022P

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