Notwithstanding incidental takings contemplated in §218.72(a) and authorized by LOAs issued under §§216.106 of this chapter and 218.76, no person in connection with the activities listed in §218.70(c) may:

(a) 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 218.76;

(b) Take any marine mammal not specified in §218.72(b);

(c) Take any marine mammal specified in §218.72(b) in any manner other than as specified in the LOAs; or

(d) Take a marine mammal specified in §218.72(b) if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal.


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