§ 217.63 - Prohibitions.

§ 217.63 Prohibitions.

Notwithstanding

(a) Except for takings contemplated in § 217.62

(c)

and authorized by

an

a LOA issued under

§§

§ 216.106 of this chapter and §§ 217.66

of this chapter, no person

and 217.67, it shall be unlawful for any person to do any of the following in connection with the activities

described

listed in § 217.60

may

:

(

a

1) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or

an

a LOA issued under

§§

§ 216.106 of this chapter and § 217.66 or § 217.67;

(

b

2) Take any marine mammal species or stock not specified in this subpart or such LOAs;

(

c

3) Take any marine mammal specified in this subpart or such LOAs in any manner other than as specified; or

(

d

4) Take a marine mammal specified in this subpart or such LOAs if NMFS determines

such taking results in more

after notice and comment that the taking allowed for one or more activities under 16 U.S.C. 1371(a)(5)(A) is having or may have more than a negligible impact on the species or stocks of such marine mammal

; or

.

(

e) Take a marine mammal specified in such LOAs 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.

b) [Reserved]