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e-CFR data is current as of July 14, 2020

Title 50Chapter IISubchapter CPart 217Subpart X → §217.233


Title 50: Wildlife and Fisheries
PART 217—REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES
Subpart X—Taking Marine Mammals Incidental to Rehabilitation of the Jetty System at the Mouth of the Columbia River in Oregon and Washington


§217.233   Prohibitions.

(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]

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