(a) To incidentally take marine mammals pursuant to this subpart, Hilcorp 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 dates of this subpart in § 217.161.

(c) In the event Hilcorp proposes projected changes to the activity or to mitigation and monitoring measures required by an LOA, Hilcorp must request and obtain a modification of the LOA as described in § 217.167.

(d) The LOA must set forth the following information:

(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.

(e) Issuance of the LOA should be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under this subpart.

(f) Notice of issuance or denial of an LOA should be published in the Federal Register within 30 days of a determination.