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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 50 - Wildlife and Fisheries |
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Chapter II - National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce |
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SubChapter C - Marine Mammals |
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Part 217 - Regulations Governing the Take of Marine Mammals Incidental to Specified Activities |
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Subpart X - Taking Marine Mammals Incidental to Rehabilitation of the Jetty System at the Mouth of the Columbia River in Oregon and Washington |
§ 217.233 - Prohibitions.
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§ 217.233 Prohibitions.
(a) Notwithstanding takings contemplated in § 217.230 and authorized by an LOA issued under § 216.106 of this chapter and § 217.236, no person in connection with the activities described in § 217.230 may:
(1) Take any marine mammal not specified in § 217.236;
(2) Take any marine mammal specified in § 217.236(a) other than by incidental Level B harassment;
(3) Take a marine mammal specified in § 217.236 if the National Marine Fisheries Service (NMFS) determines such taking results in more than a negligible impact on the species or stocks of such marine mammal;
(4) Take a marine mammal specified in § 217.236 if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses; or
(5) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under § 216.106 of this chapter and § 217.236.
(b) [Reserved]