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39.—(1) No part of the authorised development is to commence until a written strategy for the monitoring and mitigation of the impacts of the authorized development on marine mammals has been submitted to the relevant planning authorities, and in consultation with Natural Resources Wales, approved in writing.
(2) The marine mammal mitigation strategy must provide for—
(a)monitoring and mitigation to minimise the potential for disturbance to marine mammals during construction and operation;
(b)monitoring and mitigation measures to minimise the potential for marine mammal collision with the turbines during operation; and
(c)agreement of thresholds of mortality of marine mammals (potential biological removal), and action to be taken if those thresholds are exceeded, for any given year during the operation of the project.
(3) The approved strategy must be implemented throughout the construction and operation of the authorised development.
(4) The strategy must be reviewed annually unless otherwise agreed in writing by the relevant planning authorities.
(5) No changes to the strategy are be implemented unless they have been approved in writing by the relevant planning authorities.
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