§ 250.223What mitigation measures information must accompany the EP?
(a) If you propose to use any measures beyond those required by the regulations in this part to minimize or mitigate environmental impacts from your proposed exploration activities, a description of the measures you will use must accompany your EP.
(b) If there is reason to believe that protected species may be incidentally taken by planned exploration activities, you must include mitigation measures designed to avoid or minimize the incidental take of:
(1) Threatened and endangered species listed under the ESA and
(2) Marine mammals, as appropriate, if you have not already received authorization for incidental take as may be necessary under the MMPA.