Notwithstanding takings contemplated in §219.31 and authorized by a LOA issued under §216.106 of this chapter and §219.7, no person may, in connection with the activities described in §219.31:

(a) Take any marine mammal not specified in §219.33(b);

(b) Take any marine mammal specified in §219.33(b) in any manner other than as specified;

(c) Take a marine mammal specified in §219.33(b) 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 §219.33(b) 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 of this chapter and §219.37.


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