50 CFR § 217.163 - Prohibitions.

---
identifier: "/us/cfr/t50/s217.163"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 217.163 - Prohibitions."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "217.163"
section_name: "Prohibitions."
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "217"
part_name: "REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361  unless otherwise noted."
regulatory_source: "74 FR 35143, July 20, 2009, unless otherwise noted."
cfr_part: "217"
---


# 217.163 Prohibitions.

Except for the takings permitted in § 217.162 and authorized by an LOA issued under §§ 216.106 of this chapter and 217.166, it is unlawful for any person to do any of the following in connection with the specified activities:

(a) Violate or fail to comply with the terms, conditions, and requirements of this subpart or an LOA issued under this subpart or an LOA issued under §§ 216.106 of this chapter and 217.166;

(b) Take any marine mammal not specified in such LOA;

(c) Take any marine mammal specified in such LOA in any manner other than specified;

(d) Take a marine mammal should NMFS withdraw or suspend such LOA; or

(e) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.