50 CFR § 217.173 - Prohibitions.

---
identifier: "/us/cfr/t50/s217.173"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 217.173 - Prohibitions."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "217.173"
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"
---


# 217.173 Prohibitions.

(a) Except for the takings contemplated in §  217.172 and authorized by a LOA issued under §§  216.106 of this chapter and 217.176, it is unlawful for any person to do any of the following in connection with the activities described in §  217.170:

(1) 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 217.176;

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

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

(4) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or

(b) [Reserved]