(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]