Notwithstanding takings contemplated in §219.11 of this chapter and authorized by a LOA issued under §§216.106 and 219.17 of this chapter, no person in connection with the activities described in §219.11 of this chapter may:

(a) Take any marine mammal not specified in §219.13(b) of this chapter;

(b) Take any marine mammal specified in §219.13(b) of this chapter in any manner other than as specified;

(c) Take a marine mammal specified in §219.13(b) of this chapter if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal;

(d) Take a marine mammal specified in §219.13(b) of this chapter 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

(e) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§216.106 and 219.17 of this chapter.