(a) An LOA issued under Sec. Sec. 216.106 and 217.226 of this chapter for the activity identified in Sec. 217.220(a) of this chapter shall 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 regulations (excluding changes made pursuant to the adaptive management provision in Sec. 217.227(c)(1)), and
(2) NMFS determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented.
(b) For 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 Sec. 217.227(c)(1)) that do not change the findings made for the regulations or that result in no more than a minor change in the total estimated number of takes (or distribution by species or years), NMFS may publish a notice of proposed LOA in the Federal Register, including the associated analysis illustrating the change, and solicit public comments before issuing the LOA.
(c) An LOA issued under Sec. Sec. 216.106 and 217.226 of this chapter for the activity identified in Sec. 217.220(a) may be modified by NMFS under the following circumstances:
(1) Adaptive Management--NMFS may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with the Holder regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the 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 include the following:
(A) Results from the Holder's monitoring from the previous year(s);
(B) Results from other marine mammal and/or sound research or studies;
(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, NMFS will publish a notice of proposed LOA in the Federal Register and solicit public comments.
(2) Emergencies--If NMFS determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in Sec. 217.222(b), an LOA may be modified without prior notice or opportunity for public comment. Notice of such action will be published in the Federal Register within 30 days of the action. [74 FR 35143, July 20, 2009, as amended at 76 FR 16318, Mar. 23, 2011; 76 FR 34172, June 13, 2011; 77 FR 31544, May 29, 2012; 78 FR 20816, Apr. 8, 2013; 78 FR 63402, Oct. 24, 2013; 78 FR 75507, Dec. 12, 2013; 79 FR 10026, Feb. 24, 2014; 79 FR 32684, June 6, 2014]